Latest updates
Federal Supreme Court upholds breast implant decision
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 30 October 2019
The Federal Supreme Court recently dismissed an appeal against a Zurich Social Insurance Court decision concerning the replacement of an appellant's breast implant under compulsory health insurance. According to the Federal Supreme Court, a gynaecologist's reasoning that the appellant's pain was most likely caused by the implant was incomprehensible and therefore the Zurich Social Insurance Court's decision was not arbitrary.
Federal Council aims to combat human organ trafficking more effectively
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 23 October 2019
The Federal Council recently submitted to Parliament a dispatch approving the Council of Europe Convention against Trafficking in Human Organs. The Federal Council supports the convention, which aims to harmonise criminal provisions internationally. In particular, the convention provides for the prosecution of all human organ trafficking, regardless of where it takes place.
Key considerations regarding asset classes and assignability of receivables
Walder Wyss- Securitisation & Structured Finance
- Switzerland
- 22 October 2019
In recent years, the number of publicly placed and listed securitisation transactions in the car leasing and credit card sectors has increased significantly. The driving force behind this development is economic rather than legislative, as Swiss law places no specific restrictions on asset classes eligible for securitisation. However, compliance with certain Swiss legal concepts is crucial when setting up a securitisation transaction involving Swiss law-governed receivables.
New measures to combat rising costs in public healthcare sector
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 09 October 2019
The Federal Council recently adopted new measures to combat rising costs in the public healthcare sector. With this first set of measures, the Federal Council intends to provide all stakeholders with the instruments needed to reduce costs and expects to save several hundred million Swiss francs annually.
Federal Council clarifies use of personal data in compulsory healthcare insurance
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 02 October 2019
The Federal Council recently approved a draft of the Social Security and Health Commission of the Council of States in order to improve the legal basis for the transfer of data of insured persons. The Federal Council intends to collect personal data from insured persons while guaranteeing the protection of personal data and upholding the principle of proportionality.
Federal Council offers financial assistance to online media
Walder Wyss- Tech, Data, Telecoms & Media
- Switzerland
- 27 September 2019
In view of the media industry's ostensibly democratic and political role, the Federal Council has decided to adopt effective and feasible support measures. These measures will be implemented by adapting existing laws and incorporating online media into the scope of the Federal Act on Radio and Television. However, the plan to create a new Electronic Media Act has been abandoned.
Federal Supreme Court clarifies pricing rules for generics
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 25 September 2019
The Federal Supreme Court recently clarified that although certain provisions of the Health Insurance Act and the Health Insurance Ordinance are based on patent protection (or expiration), the Health Insurance Ordinance sets out no pricing rules for generics if the original's exclusivity is only partially lost. Further, protected indications of a multi-indication pharmaceutical, of which some indications have lost exclusivity, cannot be exchanged by a generic.
Consultation on direct medical prescriptions for cannabis-based treatments
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 18 September 2019
The Federal Council recently submitted a draft amendment to the Narcotics Act for consultation that aims to facilitate patients' access to cannabis-based treatments. The revised act would allow patients to obtain direct medical prescriptions for cannabis-based treatments with a tetrahydrocannabinol content of more than 1% without having to obtain an exceptional licence from the Federal Office of Public Health.
Fertility preservation and dementia prevention covered by compulsory healthcare insurance
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 11 September 2019
The Federal Department of Home Affairs recently decided that measures to preserve the fertility of people suffering from cancer will now be covered by compulsory health insurance. Under the new measures, if cancer patients run the risk that a planned treatment will lead to impaired ovarian or testicular function, sperm, egg cells or ovarian tissue can be frozen (so-called 'cryopreservation') and reused after therapy. Cerebrospinal fluid analyses for diagnosing dementia will also be covered.
Federal Council intends to improve access to psychotherapy
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 04 September 2019
The Federal Council intends to improve access to psychotherapy, especially for children and adolescents, as well as adults in crisis situations. In order to facilitate such access and ensure adequate care, the Federal Council has proposed a change to the existing system which will allow, among other things, psychotherapists to provide their services independently within the compulsory healthcare insurance framework.
Popular initiative: 'Supporting organ donation – saving lives'
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 28 August 2019
The popular initiative 'Supporting organ donation – saving lives' calls for the introduction of a narrow contradiction solution in order to substantially increase the number of organ donations. At present, the consent solution applies in Switzerland and organ donation is possible only if the deceased agreed during their lifetime to donate their organs. The new contradiction solution would allow organs to be removed from a deceased person if they did not oppose this during their lifetime.
Fundamental changes to Swiss withholding tax on interest payments
Walder Wyss- Corporate Tax
- Switzerland
- 09 August 2019
The Federal Council recently announced its intentions to resume the temporarily suspended Swiss withholding tax reform and set out the general framework to introduce a paying agent tax system with regard to interest payments. However, as the Federal Council's communication did not contain any details, it remains to be seen how the reform will be set out in the draft bill expected in Autumn 2019 and how it will affect paying agents and investors.
Review of private WhatsApp messages on work mobile phone deemed unlawful
Walder Wyss- Tech, Data, Telecoms & Media
- Switzerland
- 19 July 2019
The Supreme Court of the Canton of Zurich recently clarified that employers must clearly regulate the private use of work communication devices, as well as any related control mechanisms. Further, data processing such as verifying WhatsApp chat messages – even if the information is stored on a work mobile phone – must be done in accordance with the more restrictive Article 328b of the Code of Obligations.
Securitisation transactions: avoidance actions under DEBA
Walder Wyss- Securitisation & Structured Finance
- Switzerland
- 02 July 2019
A key consideration for any investor or rating agency is the insolvency analysis of a securitisation transaction. In this context, the insolvency remoteness of the special purpose vehicle is a decisive element. Another important consideration are the circumstances under which a securitisation transaction may be set aside in the context of an insolvency proceeding. This article focuses on the avoidance actions set out in the federal Debt Enforcement and Bankruptcy Act.
Implementation plan adopted for national cybersecurity strategy
Walder Wyss- Tech, Data, Telecoms & Media
- Switzerland
- 14 June 2019
The Federal Council recently adopted a plan to implement the national strategy to protect Switzerland against cyber risks until 2022 and took additional steps towards the establishment of a cybersecurity competence centre. Work is also underway to develop a cyber-defence campus and strengthen capabilities relating to information acquisition and allocation.
Switzerland adopts new corporate tax reform
Walder Wyss- Corporate Tax
- Switzerland
- 24 May 2019
Swiss voters recently approved a new corporate tax reform, which will set the basis for new rules on Swiss corporate taxation and secure and enhance Switzerland's overall attractiveness as a business location. The reform includes a patent box, an R&D super deduction and a notional interest deduction for high-tax cantons. There are also substantial non-tax (revenue-raising) measures and new provisions on social security contributions.
Protection of minors in respect of films and video games: consultation process commenced
Walder Wyss- Tech, Data, Telecoms & Media
- Switzerland
- 19 April 2019
The Federal Council recently launched the consultation process on the preliminary draft of the new Federal Act on the Protection of Minors in respect of Films and Video Games (Youth Protection Act). The Youth Protection Act, which will comprehensively regulate the protection of minors and close existing legislative gaps, is embedded in a complex set of ongoing legal revisions in a national and international context.
Legal considerations regarding SPVs
Walder Wyss- Securitisation & Structured Finance
- Switzerland
- 26 March 2019
Switzerland has no specific securitisation legislation. Therefore, securitisation transactions are subject to the general legal framework that applies to all other financial transactions with respect to, among others, both corporate law and regulatory matters. This article provides a short overview of certain company-related aspects to consider when setting up a special purpose vehicle structure for a securitisation transaction in Switzerland.
Illegal streaming: internet access providers not liable for third-party platforms
Walder Wyss- Tech, Data, Telecoms & Media
- Switzerland
- 08 March 2019
The Federal Supreme Court recently ruled that internet access providers are not liable for third-party websites and portals that make movies available for illegal downloading or streaming. Further, internet access providers are not obliged to monitor or block access to such websites and portals.
Federal Council to create new cybersecurity competence centre
Walder Wyss- Tech, Data, Telecoms & Media
- Switzerland
- 01 March 2019
The Federal Council recently announced its intention to create a cybersecurity competence centre to provide a one-stop national point of contact for all cybersecurity issues. The plan is a response to requests from Parliament and the business community and is a step towards implementing Switzerland's national strategy for protecting against cyber risks.
