Legal Due Diligence in the digital economy - from IT Due Diligence to the Digital Due Diligence

FOSS Due Diligence, Data Protection Due Diligence

The legal Due Diligence for acquisitions in the digital economy should be based on an in-depth understanding and analysis of the assets, value drivers and risks of digital enterprises. The old-style IT or IP Due Diligence is no longer sufficient. A specific "Digital Due Diligence" is required to identify the legal, regulatory and economic risks behind digital business models, including a FOSS Due Diligence (Free and Open Source Software) and a Data Protection Due Diligence.

The the full article (in German) (PDF, 185 Kb)

* Dr. Martin Eckert

Your team


In need of legal, tax or compliance advice? We look forward to contacting you.

From the magazine

Virtual General Assembly

For more than ten years, the revision of company law has been discussed and with it the introduction of the virtual general assembly.

Robo Advisor

In the investment advisory and asset management business, personal advice from the financial services provider has so far been the main focus. In the course of the omnipresent digitalization, this area is also experiencing the beginning of a new age. Banks, securities dealers, asset managers, investment advisors and also software developers, often start-ups, are increasingly offering their customers services controlled by artificial intelligence. The so-called "Robo-Advisor", which uses automated and algorithm-based methods to determine investment recommendations and, if necessary, also makes and executes investment decisions for the client, is opening up exciting new business models with not insignificant scaling potential. Especially in the field of virtual assets, such applications are currently emerging. However, the use of such software in a highly regulated area such as the financial market brings with it many questions, some of which are still unresolved from a regulatory perspective. Depending on the focus of the offering and the business model, providers of such services require a license from the Swiss Financial Market Supervisory Authority ("FINMA") or affiliation with a supervisory organization ("AO") or a self-regulatory organization ("SRO"). This article outlines the main features of the relevant financial market regulation and the questions that are currently open.

All magazine reports


All publications