Fields of law

The focus of our legal consulting is on the following fields of law:

Licensing law

 

  • License terms and license agreements
  • License management
  • SLAs 
  • Liability issues

In every university software is used, this is associated with license obligations. Various questions arise, for example:  

  • How may I use which license?
  • In the event of own creations: Do I have free choice in selecting the license for my end product?
  • Does the original code permit the intended use? 

 

We answer legal questions in this context and assist you in setting-up the internal policies for handling licenses. Moreover, we draft and review contracts with suppliers.

Data protection
law

 

  • Privacy statements
  • Data processing agreements
  • Data protection compliance
  • Support with respect to cloud services

Data is an important resource for universities and is becoming increasingly important. In connection with data processing, various questions arise, for example:

 

  • Which data protection requirements do I have to comply with when setting up a new service?
  • What are the risks if the university works with a US cloud provider?
  • What happens to the personal data if the cloud provider goes bankrupt?

 

We advise universities on legal questions in that regard and give specific instructions.

Tele-
communications law

 

  • Qualification of role according to the Telecommunications Act (TCA) and the Federal Act on the Surveillance of Post and Telecommunications (SPTA)
  • Analysis of legal obligations 
  • Evaluation of need for action

Universities are generally qualfify as providers of telecommunication services and are subject to the Telecommunications Act (TCA), the Federal Act on the Surveillance of Post and Telecommunications (SPTA) and the associated regulation (RPTA).

In order to be aware of the legal obligations, a university must in particular clarify the following questions:

 

  • What is the role of the university under the TCA and SPTA based on the legal criteria?
  • What list of obligations is applicable?
  • Are there any exceptions and exemptions that must be considered?

 

We answer legal questions of the universities in the field of telecommunications law.

Intellectual property law

 

  • Copyright protection for software
  • Assignement declarations
  • Trademark protection
  • Warning letters 

The higher education landscape is often faced with legal questions in copyright law (sometimes also in trademark, design and patent law), for example: 

 

  • Who is the proprietor of the software?
  • How can it be ensured that the source code has been transferred?
  • Can I obtain trademark protection for a name?
  • How to take action against third parties who infringe the intellectual property rights of universities?

 

We answer legal questions of the universities in the field of intellectual property law.

Procurement law

 

  • Examination of tender obligation
  • Support regarding tender documentation 

Universities are often confronted with complex questions regarding procurement law. It is mostly unclear what legal basis is applicable and in many cases there is no consistent case law. Questions such as the following arise:

 

  • Do I have to tender in a specific procurement project according to the rules of procurement law and, if so, in which procedure?

  • Does a tender carried out at European level on behalf of various NRENs (including SWITCH) mean that the Swiss universities are exempted from any obligation to tender?

 

We answer legal questions of universities with respect to tenders and support them in the execution thereof. 

 Contact

 You are welcome to contact us by telephone or email:

+41 44 268 15 15

 

Anna Kuhn
Team Leader
General Counsel
+41 44 253 98 05
anna.kuhn@switch.ch

 

Nora Zinsli
Legal Counsel
+41 44 253 98 08
nora.zinsli@switch.ch

Angelo Marchetta
Legal Counsel
+41 44 253 98 06
angelo.marchetta@switch.ch