The Information Society and the Digital Divide, Legal Strategies to Finance Global Access

Published: 1 January 2008
  • PEOPLE

    Partner, Head of ESG, Co-Head of Investigations
  • Expertise

  • Details

    Number of pages
    211 pages
    Publisher
    Schulthess Verlag
    Language
    English
    Price
    CHF 65.00
    ISBN number
    978-3-7255-5605-2

The issues around the financing of Information and Communication Technologies (ICT) lie at the intersection of Information Society and financial law. How to provide the necessary financial resources to bridge the digital divide is a burning question at the centre of many ongoing international debates.

Insights

Insights 27.07.2026

Retrocessions in “execution only” relationships: the Swiss Supreme Court confirms its landmark ruling and applies it to remunerations related to in-house structured products

Retrocessions in “execution only” relationships: the Swiss Supreme Court…

<p class="MsoBodyText">In its rulings 4A_501/2025 and 4A_503/2025 of 17 June 2026, the Swiss Supreme Court confirmed and applied the principles established in its recent landmark ruling of 12 January 2026: Banks are not required to return to their clients retrocessions (or other forms of financial kick-backs) received in connection with “execution only” relationships, absent a concrete risk of a conflict of interest (which is generally absent in “execution only” relationships). This decision is of particular relevance for in-house structured products. The flows of remuneration linked to structured products are indeed expected to continue to be a focus point of the Swiss financial regulator FINMA going forward (see the recent FINMA Communication 03/2026). This Legal Insight refers principally to ruling 4A_501/2025, the two decisions being materially similar.</p>

Insights 01.07.2026

Swiss sanctions and crypto assets services: When can providers refuse instructions?

Swiss sanctions and crypto assets services: When can providers refuse…

<p>In two decisions of 28 April 2026 (4A_535/2025 and 4A_537/2025), the Swiss Federal Supreme Court addressed the application of Switzerland's sanctions asset freeze regime to crypto assets held with a Swiss provider of crypto asset brokerage and custody services. The Court confirmed that, where concrete indications give rise to the suspicion that crypto assets may be owned or directly or indirectly controlled by a sanctioned person, the service provider may validly refuse to execute client instructions to release or transfer those assets.</p> <p>The decisions clarify the interaction between the service provider’s public-law obligations under the Swiss sanctions framework and its contractual duties towards the client. They also raise practical questions specific to the custody of digital assets, in particular where access to the assets depends on wallets, private keys or custody infrastructure.</p>

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