Technology and Digital Economy

We combine an enthusiasm for technology with a network of legal expertise. This allows us to translate complex technologies into the established legal regime to ensure optimal solutions for our clients. We support our clients to proactively shape the transformation.

  • Structuring of data-based, digital business models and platform solutions as well as the implementation of infrastructure solutions for the digital economy
  • Comprehensive support in all aspects of crypto finance
  • Structuring and implementation of innovative fintech and insurtech products
  • Corptech: structuring of digitalization and tokenization processes in connection with shares and other equity instruments
  • Advice on the development and use of artificial intelligence (AI)
  • Cybersecurity and cyber incident response
  • Data-Driven, Digitized Business Models and Platform Solutions

    • Structuring of data-driven, digitized business models and platform solutions (e.g., open banking, API business models, eHealth) in regulated and non-regulated markets
    • Development of strategies and implementation of measures to protect digital business models, in particular with regard to data and interface ownership, protection against replication and misappropriation
    • Expertise in all relevant areas of law, in particular data protection, intellectual property, financial market, competition, tax and telecommunication law
    • Coordination with supervisory authorities and representation in supervisory proceedings
  • Infrastructure for the Global, Digitized Economy (Cloud, XaaS, IoT, Digital Marketplaces, etc.)

    • Structuring and implementation of infrastructure solutions for the global, digitized economy (cross-border cloud solutions, XaaS solutions, Internet of Things, DLT, integration of payment solutions), in particular in regulated industries (banks, insurance companies, etc.) in accordance with regulatory requirements
    • Coordination with supervisory authorities, responding to inquiries from supervisory and other authorities in Switzerland and abroad
    • Expertise in all relevant areas of law relating to digital communication (telecommunication, surveillance, data protection law, etc.)
  • Digitized Capital Market / Crypto-Finance

    • Use of new technologies and platforms for capital market transactions
    • Structuring, implementation and documentation of capital market instruments on the basis of crypto-assets, i.e. by means of exchange traded or structured products
    • Tokenization of securities (equities / bonds / derivatives) and other financial instruments
    • Advice on Initial Coin Offerings (ICOs) / Token Generating Events (TGEs)
    • Advising financial service providers and financial market infrastructures in the areas of custody services and trading (incl. digital exchanges, clearing and settlement)
    • using innovative technologies (e.g. artificial intelligence, distributed ledger technology)
    • Coordination with supervisory authorities and representation in supervisory proceedings
  • FinTech / InsurTech

    • Advising financial service providers, insurance companies and start-ups on the structuring and implementation of innovative, digitized products, e.g. in the fields of investment management (robo advice, social trading), platform and crowd funding, financial analytics (artificial intelligence, machine learning), open banking, identity and security management, payment systems and insurance solutions (on-demand insurance, eBrokers, insurance cross-selling and digital insurers)
    • Coordination with supervisory authorities (e.g. FINMA FinTech Desk), obtaining licenses (e.g. FinTech licence, membership in self-regulatory organizations) and no action letters as well as leveraging networks with third parties (e.g. interest groups, technology providers)
  • CorpTech

    • Structuring and implementation of digitization processes with regard to shares, participation certificates as well as other profit sharing and participation instruments
    • Tokenization of shares, participation certificates as well as other profit sharing and participation instruments
    • Advice on contribution in kind of crypto-assets
    • Advice on the digitization of corporate actions (digital general meeting, dividend distribution, allocation of subscription rights, etc.)
    • Coordination with authorities (e.g. commercial register, stock exchange, FINMA) and leveraging networks with third parties (e.g. interest groups, technology providers)
  • Blockchain / Distributed Ledger Technology (DLT)

    • Advice on blockchain / DLT projects, e.g. in relation to smart contracts and decentralized applications (dapps), in the financial industry and in other industries, in particular also regarding the tokenization of securities (shares / bonds / derivatives) and other financial instruments as well as regarding initial coin offerings (ICOs) / token generating events (TGE)
    • Structuring of trading platforms and custody solutions for tokens (e.g., regarding custodian and non-custodian wallets) as well as advice on primary and secondary market activities regarding crypto assets (payment / utility / asset or security tokens)
    • Coordination with supervisory authorities (e.g. FINMA FinTech Desk), obtaining licenses (e.g. FinTech license, membership with self-regulatory organizations) and no action letters as well as leveraging networks with third parties (e.g. interest groups, technology providers)
  • Artificial Intelligence / Machine Learning / Autonomous Systems

    • Advice with regard to the development and implementation of AI systems, machine learning and autonomous systems in compliance with applicable law, in particular with regard to the regulatory, data protection and intellectual property requirements
    • Dealing with and minimizing liability exposure in connection with AI systems, machine learning and autonomous systems
    • Protection of intellectual property and rights to data and other trade secrets in the context of the use of AI and autonomous systems
  • Cybersecurity and Cyber Incident Response

    • Advice on contingency planning for possible cyber attacks (regulatory requirements, insurance aspects, security measures, processes in the event of a cyber incident)
    • Provision of immediate legal assistance in the event of a cyber incident
    • Support with regard to communication and cooperation with Swiss and foreign authorities, affected persons and the public
  • Bulletin
  • News
  • Publications

Homburger advised wefox in connection with its financing and restructuring efforts

Deals & Cases

Homburger advises Kandou on its USD 100 m Series E equity financing

Deals & Cases

Homburger advised wefox in connection with a EUR 50 m revolving credit facility agreement and its USD 55 m Series D extension funding round

Deals & Cases

Extraterritorial Scope of EU Digital Strategy

Extraterritorialer Geltungsbereich der EU-Digitalstrategie