With the recent enactment of the new Swiss Data Protection Act (Swiss DPA), which came into effect on September 1, 2023, HR departments in Switzerland are facing a shift in handling employee data. This updated legislation, aligning more closely with the EU’s GDPR, imposes stricter controls and heightened responsibilities on data processors and controllers, including those in HR roles. This article dissects the critical elements of the Swiss DPA, focusing on its impact on HR data privacy and protection practices, and provides actionable recommendations for HR professionals to comply with data privacy and protection standards.
Software
Software escrow is a mechanism through which a software’s source code is deposited with a neutral third-party escrow agent. This is commonly used in licensing arrangements where the licensee wants to ensure they can maintain and operate the software if the licensor becomes unable or unwilling to provide ongoing support or maintenance. The escrow agreement sets out the conditions under which the source code will be released to the licensee.
As Artificial Intelligence (AI) cements its role as a cornerstone of innovation across various sectors, the legal frameworks governing its use are rapidly evolving. The landscape is abuzz with legislative developments, such as the proposed AI Act by the European Union and the Biden administration executive order on AI. As lawmakers and industry leaders shape new AI regulations and ethical guidelines, the complexity of AI-related contracts is on the rise. In this article, we’ll explore the key elements that your AI-related contracts should include to be as robust as they are compliant.
In the bustling streets of European cities, behind the screens of tech hubs in Berlin, Paris, and Stockholm, a new technological marvel is taking shape: Generative AI. As businesses across the continent explore the vast potential of this technology, understanding its legal implications is a must. What is special about Generative AI? What legal concerns does it bring? Let’s explore this transformative technology and its implications in the European landscape.
In the digital space, e-commerce platforms are leveraging personalised advertising to enhance customer experiences and boost sales. Retargeting, a form of personalised advertising, has become a game changer, enabling businesses to re-engage potential customers by displaying ads based on their previous online activities. While this approach can significantly uplift conversion rates, it also entails critical considerations regarding data protection and privacy compliance, notably in the light of the General Data Protection Regulation (GDPR).
The year 2023 has marked a significant uptick in GDPR fines, making it the year with the highest penalties for data protection violations. While the world is abuzz with high-profile GDPR fines against tech giants like Meta and Google, it’s crucial to understand that smaller companies are also under regulatory scrutiny.
In today’s evolving technological landscape, Artificial Intelligence (AI) stands out as a revolutionary force, reshaping industries and redefining the boundaries of what’s possible. For software companies, AI offers unprecedented opportunities for innovation. However, with these opportunities come intricate legal challenges that every software company must be prepared to navigate.
If you own the copyright in a work, you are free to exploit it on your own or license the use of it to another party (such as a book publisher). ‘Exploit’ in this context means to develop or make use of it. When considering whether to license your work, you should assess whether or not you are truly the owner of the work in question.
Open-source software is software that generally allows a user to use it free of charge for any purpose, to access the source code of the software, to study and modify the source code, to distribute copies of the software to others and to redistribute modified versions of the software (derivative works) to others.
Bernie Amarillo shares his learnings about the patentability of software related computer implemented inventions (and alternative sources of venture capital)
The biggest difference between SaaS (Software as a Service) and on-premise is how they are implemented, or in the case of SaaS, how it isn’t implemented. SaaS is accessed via the internet, instead of having it installed and maintained through company hard drives.
A resale software license is where you the owner grant the right to another person (the reseller) to sell your software to other customers in a particular territory or sector of the market.
Bernie Amarillo believed he had done the biggest software deal of his lifetime when he sold his event simulation software. Unfortunately, in signing a standard contract he granted Sakura a worldwide exclusive software license in perpetuity that allowed her to redevelop and relabel the software and sub-license it…
What are the key things to consider when granting a software licence? Learn from the story of Bernie Amarillo.
Software is protected by copyright as a literary work. Copyright does not require registration as it automatically takes action from the moment of creation.
Generally, copyright gives the software owner the rights to prevent others from:
Bernie receives a test version of a software from a friend, likes the idea and decides to “adapt” it and create his own to then commercialize it. Soon he discovers that it was not wise to do so…
