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Many GTCs are outdated and do not cover current risks (data protection, cyber risks, inflation, power outages, etc.).

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.