Compliance with Regulations
Commercial and financial activities are increasingly regulated. This is particularly true in industries such as transport and insurance. We assist our clients in dealing with all regulatory issues and challenges they are faced with in the course of their activities.
We have significant experience assisting our clients with licensing processes, in dealing with compliance issues, and in enforcement proceedings.
Our regulatory compliance work includes advice on/assistance with:
- obtaining licences (for insurance and reinsurance companies as well as intermediaries)
- drafting of business plans for submission to the financial market authorities
- outsourcing business to the third party service providers
- portfolio transfers and run-offs
- air carrier licensing and traffic rights
- strategic alliances and codes-share agreements
- passenger rights and other consumer protection issues
- carbon emission trading
- slots and ground-handling services
Retrocession/coverage dispute
Representation of a reinsurance company in a coverage dispute under a retrocession agreement
Dispute with insurance intermediary
Representation of an insurance company in a dispute with an insurance intermediary (termination of cooperation agreement, handover of customer data)
Inventory of processing activities
Supporting several private and public institutions in the creation of an inventory of processing activities in accordance with the new Swiss Data Protection Act.
M365 & Data Protection
Advising a public institution on the introduction of Microsoft Office 365.
Internal Compliance Programme (ICP)
Preparation of an Internal Compliance Programme (in particular with regard to export controls, sanctions and money laundering) for a Swiss exporter.
Space law regulation
Established comprehensive comparative space law study for a government space agency.
Cyber insurance
Advising the insurer against its insureds arising from cyber attacks against a watch manufacturer and a bank.
Release from supervision
We fully ran off all remaining claims of a Swiss licenced insurer and closed thereafter the company. This is one of the very few successful cases in Switzerland.
Expert opinion on applicable passenger protection regulations in Switzerland
Issued an expert opinion in foreign court proceedings issued by an airline attempting to recover the compensation paid to passengers as a result of its aircraft having been damaged on the ground.
Drone manufacturing regulations
Advised the manufacturer of drones used on state missions regarding the applicable manufacturing/certification standards.
Passenger Claims
Handling passenger claims for an airline client (flight cancellation in the Covid 19 context).
Sanctions, etc.
Advised an aviation manufacturer on various issues relating to sanctions, anti-money laundering and competition regulations.
Air Operations
Advice to a foreign airline on the taking-up of Swiss operations (including AOC application process and traffic rights).
Non-Admitted Business in Switzerland
We advised a large US based health insurer on the admissibility of cross-border non-admitted business in Switzerland.
Restructuring of a Reinsurer
We advised a large French reinsurer on the restructuring of its European operations and subsequent regulatory filings.
Corporate Health Insurance
We advised a foreign global health insurer regarding the licensing and setting up of a Swiss branch and the introduction of complex international private medical insurance corporate solutions to the Swiss market.
Restructuring and Portfolio Transfer
We advised a large US-based insurance corporation on the restructuring of its worldwide corporate structure, incl. the licensing of a new Swiss branch, subsequent portfolio transfers and the release of licensed companies from supervision.
Online flight sales
We advised an airline on the regulatory requirements applicable to the online sales of flights and travel packages.
Airline strategic alliance
We assisted two airlines on the competition law self-assessment of a strategic alliance, which included in particular a code-share agreement.
Obtaining licence for a foreign direct insurance carrier
We drafted the business plan for a foreign direct insurer and obtained licence from FINMA to write aviation, property and liability business in Switzerland.
Publication20.03.2024
Legal Focus: Berne Financial Services Agreement is cautious welcome from Switzerland for UK insurers
Regulatory equivalence agreement opens up interesting opportunities for UK insurers in the Swiss market.
Publication01.10.2023
Kommentierung im Basler Kommentar zum VVG
Basler Kommentar Versicherungsvertragsgesetz, 2023; §4 zur Transportversicherung
Presentation21.09.2023
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