21 June 2022

New Risks – Are your General Terms and Conditions still up to date?

  • Articles
  • Banking / Insurance
  • Data / Technology / IP
  • Governance / ESG
  • Health / Life Sciences
  • Trade / Logistics

Many GTCs are outdated and do not cover current risks (data protection, cyber risks, inflation, power outages, etc.).

  • Dr. Martin Eckert

    Legal Partner

Risks and legal issues change. Below are some points that should be updated in Swiss general terms and conditions:

  • Data protection (reference to data protection statement; allocation of roles; purpose of data processing; possibility of data export; data processing by third parties; cloud)
  • Data security and cyber risks (limitation of warranty; limitation of liability)
  • Data: "ownership" of data; customer assurance of data quality; etc.
  • Possibility or consent to use data for marketing (also in the group of companies)
  • Price adjustment clauses (inflation protection; energy prices; raw material prices; wage costs)
  • Currency clause
  • Force majeure (addition of pandemic, power and energy outages)
  • Supply chain risks (possibility to adjust delivery dates in case of supply bottlenecks)
  • ESG issues
  • Information obligations on the customer side

Smart business people take precautions. We are happy to support you.