Data Protection

The field of data protection is of major importance nowadays for individuals, public authorities and private companies, and has been reinforced by the entry into force of the European Union General Data Protection Regulation (GDPR) and the Federal Data Protection Act on September 1^st 2023 (DPA).

In this current and increasingly complex environment, our Firm offers its clients the following services in particular:

• Compliance of your structure and activities with data protection regulations (DPA, GDPR, etc.).
• Drafting, review and revision of documents relating to data protection (confidentiality policy, contractual clauses and agreements, etc.).
• Advice on specific processing operations.
• Exercise of your rights against third parties.
• Intervention as your external data protection officer.

 The lawyers active in this area are:

Christophe Perrin

Already active for the past 30 years in alternative dispute resolution through arbitration, the Firm has an active practitioner (certified as « Mediator SBA » and « CEDR Accredited Mediator ») both as a mediator and as counsel to clients participating in a mediation process. The mediation method can be applied flexibly to various areas of law. Over time, there has been a growing interest among litigants in finding a solution to their disputes outside the litigation process, which is often an imperfect response to their needs (mediation can be fast and flexible, enabling agreements to be reached on an individual basis and tailored to specific needs). In addition to the above, it is advisable to favour negotiated rather than litigated solutions, provided of course that an amicable outcome remains reasonable, the terms of which are thus more likely to be implemented without subsequent difficulties. In particular, the mediation process makes it possible to preserve the relationship between two parties divided by a conflict, which is a significant advantage particularly in the fields of family and commercial law. The Firm also has the skills to conduct mediation processes through private meetings if necessary. It is possible to work in both French and English.

Lawyer certified as « Mediator SBA » and « CEDR Accredited Mediator » : Florian Chaudet

With two Certified Specialist SBA Construction and Property law partners, CBWM AVOCATS is involved in the field of administrative law, public authorities law and procurement law. We have extensive experience and a broad practice built to serve a wide ranging base of clients including individuals and private businesses as well as public authorities or decentralized administrative bodies. Involved at all stages of the proceedings, whether contentious (litigation) or not, before local, state or federal authorities, the firm has developed very specific knowledge in all respect of administrative procedure.

The firm is particularly active in the following areas:

• Public markets.
• Formal and material expropriation/compulsory purchase.
• Liability of public authorities.
• Public contributions law.
• State monopolies and concessions.
• Contracts under administrative law.
• Public and Private Partnerships.
• Use of the public area.
• Organization and communal autonomy.
• Constitutional law.

The “Certified Specialist SBA Construction and Property law” are :
Benoît Bovay and Thibault Blanchard, both being entrusted with a master course in regional planning (zoning law) and construction law at the University of Lausanne.

Practising in the same field :
Maxime Flattet, Hugo Porchet.

With six experienced practitioners in this field, over the years the firm has developed skills to assist and advise individuals, whether Swiss or foreign citizens, when they settle down in Switzerland regarding various aspects of their private and family life as well as any matter relating to their wealth. We advise our clients and represent them in court as well as before all relevant administrative authorities. This practice includes representing and defending the interests of our clients through marital difficulties or estate litigation, implementing of estate planning and selection of the appropriate legal vehicle for each individual situation, procedures of enforcement of foreign rulings and the settlement of foreign clients in Switzerland. The firm is able to act in French, English, German and Italian.

The firm is particularly active in the following areas :

• Estate Planning, foundations, trusts and similar vehicles.
• Purchase of property by foreigners (LFAIE).
• International Private Law.
• Taxation of individuals (including lump sum taxation).
• Foreigners’ rights (including settlement in Switzerland).
• The rights of individuals, associations and foundations.
• Real estate law, including encumbrance/mortgage regulation.
• Family business succession.
• Domestic staff management.

Practising in these areas :
François Chaudet, Guy Mustaki, Peter Schaufelberger, Florian Chaudet, David Regamey, Jérôme Guex.

With two Certified Specialists SBA Inheritance law, our firm offers thorough expertise and a recognized know-how in inheritance law.

In an environment in which estate settlement is ever getting more complex and international (cross border), our firm provides a wide array of personalized and global services by experienced and specialized attorneys, covering:

Estate planification

• Legal opinions in any related issue.
• Estate planning.
• Testamentary wills.
• Inheritance contracts (with our notary network).
• Patient decree (Living will).
• Advance care directive (Lasting powers of attorney in case of loss of the capacity to consent).
• Amendement to nuptial (marital) property contracts (with our notary network).
• Succession planning for family companies and SMEs.
• Adult and Child protection (Deputyship for personal care, asset management, representation).
• Wealth/assets preservation/protection.
• Trusts and foundations.
• Tax issues (with our tax adviser network).

Official Mandate

• Official estate administration.
• Missions of representative of the heirs.
• Missions of official liquidator.
• Expert opinions in the context of judicial proceedings.
• Executor’s mission.
• Deputyship with powers of representation in estate related matter.

• Estate transmission.

• Assistance in all estate transmission operations (notably before the Justice of the Peace).
• Estate litigation, arbitration and mediation.
• Amiable or contentious estate liquidation.
• Provisional protective measures.
• Estate division claim.
• Annulment (declaration of invallidity) of last wills claim.
• Abatement claim (reconstitution of the legal portion).
• Recovery of inheritance claim.
• Drafting and enforcement of estate partition agreements (contract of division).
• Enforcement of foreign estate judicial decisions.

We can assist you in French, German (and Swiss German), Italian and English.

The “Certified Specialist SBA inheritance law” are : 
Peter Schaufelberger, David Regamey.

Practicing in the same field : 
François Chaudet, Guy Mustaki, Jérôme Guex, Christophe Perrin, Hugo Porchet.

With one experienced practitioner in this field, our firm regularly provides comprehensive assistance to clients, whether individuals, corporate or government entities, in criminal procedures, from the initial complaint to the final ruling, through all stages of the investigation, trial and potential appeals. We assist accused or complainants, plaintiffs or victims, in such diverse areas of criminal law as white collar crime, juvenile delinquency, administrative or military offenses, traffic law, as well as crimes against life, honor or property.

We can specifically assist you through the following stages :

• Drafting of criminal complaints and civil claims.
• Development of a defence strategy and assistance in the course of investigation and any hearings.
• Drafting and filing of appeals.
• Negotiations (with plaintiffs, insurance companies, civil parties claiming for damages).

The “Certified Specialist SBA Criminal law” is :
Aline Bonard.

With several experienced practitioners in this field, our firm has developed its expertise to assist you, whether you are the victim or the perpetrator of a harmful event or are involved as an insurance company, particularly in connection with medical, banking, notary, legal or administrator malpractice and in building or traffic accidents.

Our lawyers can assist you upon the occurrence of the injurious event, then through the various stages of proceedings before criminal, civil and administrative courts, but also in the negotiations, particularly between insurers.

We can also provide assistance in such circumstances, as :

• Putting a figure to the damage and claiming for damages/compensation, if necessary through litigation, including such diverse causes such as compensation for emotional distress, damages for loss of earnings or to the household.
• Defending in a civil or criminal case.
• Providing assistance to an insured person or an insurance company in bilateral or multilateral negotiations.
• Instigating and/or supporting a criminal trial, from the initial claim to the final ruling.

Practising in this field :
Rémy Wyler, Peter Schaufelberger, Aline Bonard, Marie-Thérèse Guignard.

With several experienced practitioners in the field of contract law, CBWM AVOCATS provides advice and assistance to its clients in negotiating, drafting, concluding and analysing any types of contracts, notably contracts in the field of :

• trade law (sale, distribution, agency, license, services, cooperation, business ownership transfer, etc…);
• construction and property law;
• individual and collective labour law;
• family law;
• procurement law.

This activity also comprehends fulfilment/enforcement of contracts in the event of litigation, whether through the state courts or arbitration courts.

Practising in this field :
François Chaudet, Benoît Bovay, Rémy Wyler, Guy Mustaki, Peter Schaufelberger, Jérôme Guex, Florian Chaudet, Aline Bonard, Thibault Blanchard, David Regamey, Marie-Thérèse Guignard, Christophe Perrin, Maxime Flattet, Hugo Porchet.

With three Certified Specialists SBA in labour law, our firm provides advice and assistance in all matters related to employment law and labour law, whether in the private or the public sectors, at an individual or collective level.  You will find partners who, while being fully qualified in private or public law within the strict meaning of the terms, are also highly proficient in closely related specialized areas, such as health and safety in the workplace, civil and criminal liablity, labour lease, the posting of workers, work permits for foreigners and the free movement of workers.

In the civil/public service, we can assist both local authorities and employees.

We can also help you solve practical problems, e.g. in terms of membership, payment of contributions or benefit payments, or any problem you may encounter in the various branches of benefits/social insurance law, especially in matters of loss of income insurance, health insurance, accident insurance, unemployment insurance, occupational pension or coordination of social security schemes.

We thus notably can offer you the following services :

• Legal representation before state or arbitration courts in the context of individual or collective labour (private or public sector) disputes or litigation involving social insurances.
• Assistance in proceedings involving alleged civil or criminal liability of the employer and/or employees.
• Drafting of individual employment contracts or internal staff regulations.
• Negotiation with all social partners regarding collective instruments such as collective labour agreements or social plans.
• Advice and assistance in situations involving individual and collective redundancies.

The “Certified Specialist SBA Labour law” are :
Rémy Wyler, Aline Bonard, Marie-Thérèse Guignard.

All three are certified “Certified Specialists SBA Labour Law”, which is one of the largest concentrations of certified skills in this area.

Rémy Wyler is co-author of a handbook (“précis de droit du travail”) that is a reference publication in Switzerland (Wyler/Heinzer, Droit du travail, 4ème edition, 2019).

With one Certified Specialist SBA Family law as well as one experienced practitioner in this field, the firm regularly advises clients and assists them in their defence in all cases coming under family law. We notably act in divorce lawsuits, including those being of international profile and calling for application of conflicts of law regulation (private international law), in particular also regarding marital property liquidation as well as concerning filiation law (parental responsibility, custody, right of access [visit right] and child support) and the issues of maintenance between spouses, of adoption, of financial planning for spouses, of registered partners and partners (cohabitees) and of adult protection law.

We notably can assist you in the following processes :

• Instigate and/or conduct proceedings of protection of the marital union.
• Instigate and/or conduct divorce proceedings.
• Negotiate divorce with comprehensive or partial agreement.
• Instigate and/or conduct proceedings of investigation concerning parental responsibility attribution, custody attribution and setting of right of access (visit right) before child protection authority.
• Amiable or judicial liquidation of marital property.
• Pre-emptive advice to couples in order to choose between various legal options such as marriage or cohabitation.
• Pursuant to marriage regulation, advice about various options in the field of marital property and tailoring of the said marital property.

The “Certified Specialist SBA family law” is :
Florian Chaudet.

Practicing in the same field :
Peter Schaufelberger.

With three experienced practitioners, CBWM AVOCATS has developed over the last thirty years a sustained activity in the field of domestic and international arbitration. To date, several partners have been involved in many procedures as presidents, arbitrators or advisers. Areas of arbitration in which the firm is active mainly are trade disputes, matters in connection with construction and property law, collective labour dispute and sports law. We have a wide experience both on domestic and international procedures. The firm acts on disputes between private companies or individuals but also involving state or parastatal entities. The firm is able to work in French, English, German and Italian.

Lawyers most active in arbitration are :
François Chaudet, Rémy Wyler, Guy Mustaki.

With two Certified Specialist SBA Construction and Property law partners, CBWM & Associés provides advice and assistance regarding all issues and matters in connection with planning and environment. Our firm has been involved in a great many projects of private or public nature. Our skills encompass the construction process as a whole, from spatial planning (at the scale of a cantonal state, of local authorities, including processes involving several cantonal states) to the construction authorization process, possibly including environmental impact or other specific procedures (forest, nature, traffic, equipment, etc.). We assist, advise and defend clients, both private and public, before all relevant courts and administrative authorities. The firm is involved specifically in the following areas :

• Regional Planning (Master Plan, land-use plans, neighbourhood plans, etc.).
• Building permits and other special permits.
• Major projects management.
• Environmental law.
• Waste management.
• Pollution of water and soil.

The “Certified Specialist SBA Construction and Property law” are : 
Benoît Bovay and Thibault Blanchard, both being entrusted with a master course on regional planning (zoning law) and construction law at the University of Lausanne.

Practising in the same field : 
Maxime Flattet, Hugo Porchet.

With several experienced practitioners, the CBWM AVOCATS’ activities in the field of commercial and corporate law comprehend advice and legal assistance of companies and their shareholders, partners, directors or managers, at all stages of their existence.

The firm’s clients can rely on personalized services and on strong lawyers’ practical experience gained notably by being members of medium-sized and major companies’ board of directors, listed or not.

As part of its practice, the firm advises and assists companies in the field of business law, competition law and intellectual property law (anti-trust legislation, unfair competition law, distribution contracts, trademarks law, licensing law).

We notably can assist you in the following areas:

• Founding, day-to-day business, restructuring, transfer, liquidation of all forms of business.
• Advice and drafting of all kinds of contracts/agreements in connection with the business activity.
• Organization and corporate governance.
• Setting up contracts in the field of business financing, restructuring, sales and acquisitions (conversion, merger, demerger, etc.).
• Negotiation, conclusion/execution and implementation of shareholder agreements, fulfilment of their social or patrimonial rights.
• Business ownership transfer processes.

Practising in this field :
François Chaudet, Guy Mustaki, Jérôme Guex, Christophe Perrin, Peter Schaufelberger, Florian Chaudet, David Regamey.

With two Certified Specialist SBA Construction and Property law partners, CBWM AVOCATS, is involved in the field of administrative law, public authorities law and procurement law. We have extensive experience and a broad practice built to serve a wide ranging base of clients including individuals and private businesses as well as public authorities or decentralized administrative bodies. Involved at all stages of the proceedings, whether contentious (litigation) or not, before local, state or federal authorities, the firm has developed very specific knowledge in all respect of administrative procedure. Me Benoît Bovay also teaches this subject as a Professor at University of Lausanne.

The firm is particularly active in the following areas :

• Public markets.
• Formal and material expropriation/compulsory purchase.
• Liability of public authorities.
• Public contributions law.
• State monopolies and concessions.
• Contracts under administrative law.
• Public and Private Partnerships.
• Use of the public area.
• Organization and communal autonomy.
• Constitutional law.

The “Certified Specialist SBA Construction and Property law” are : 
Benoît Bovay and Thibault Blanchard, both being entrusted with a master course in regional planning (zoning law) and construction law at the University of Lausanne.

Practising in the same field : 
Maxime Flattet, Hugo Porchet.