Data has become a vital asset for companies. Particularly for data-driven businesses, data serves as the lifeblood, providing crucial insights into market trends, customer behaviours, and operational efficiencies. Data can be monetized directly or indirectly, contributing to revenue growth. However, its value extends beyond monetary worth and enhancing competitive advantage. Thus, effective data management is critical for businesses to unlock their full potential, whilst ensuring regulatory compliance and robust cybersecurity measures. Our Data Protection & Digital Economy Practice Group operates at the intersection of data protection and related regulations and provides comprehensive and innovative solutions for a complex digital landscape. It works closely together, and has many joint matters, with our TMT Practice Group.

Services include advice on:

• Compliance with Swiss and European data protection law
• Implementation of data protection compliance projects
• Assistance with data subject access requests and digital rights management
• Advice in cases of data breaches, notification of data subjects and data protection authorities
• International data transfers and data disclosure requests by foreign authorities (e.g., based on MLAT requests or the US Cloud Act) and courts in cross-border proceedings
• Data-driven business models and platform solutions (XaaS, cloud services, data centers, IoT, online platforms, digital marketplaces)
• Digitalization, digital transformation, outsourcing and data management projects
• Projects based on Artificial Intelligence (AI), Machine Learning, Big Data analytics, etc.
• Development and implementation of data strategies and data protection-related processes
• Data sharing, use and monetization of data
• Cybersecurity matters, data breach incident management and response, cyber risk compliance and cyber risk management
• Security policies (e.g., xYOD)
• Risk assessments (including data protection impact assessments) and data due diligences
• Regulatory requirements for the use of data (cookies, tracking, profiling)
• Due diligence in M&A and other transactions under data law
• Digital assets (e.g., accounting treatment of data assets and tax implications), implementation of industry 4.0
• Tax optimization strategies (transfer pricing, patent box, F&E super deduction, etc.)
• Cybercrime, digital finance, data and confidentiality-related criminal cases
• Litigation and arbitration relating to data, data protection and cybersecurity matters

The revised Federal Act on Data Protection (FADP) will enter into force on 1 September 2023. In addition to the existing principles and obligations, the new law imposes numerous new obligations. The B&K Data Protection Self-Assessment Tool offers private persons processing personal data the opportunity to assess whether their organisation is ready for the new law or whether certain compliance gaps exist. In just a few minutes, you can use the results to determine where your organization needs to take action.