Nater Dallafior successfully enforces data protection rights of a former bank employee against CA Indosuez (Switzerland) SA
After joining the Swiss Bank Program of the DOJ under category 2, the bank informed the claimant that his name and function in connection with nine US-related accounts would be transmitted to the DOJ unless the bank received a restraining order. Upon the claimant's action, the District Court of Zurich held that the transmission of personal data was not permitted either under article 328b of the Swiss Code of Obligations or under article 6 of the Federal Act on Data Protection. First, the court ruled that the data transmission to the DOJ was not necessary for the performance of the (terminated) employment contract and, therefore, unlawful. Second, the court found that, due to the absence of adequate data protection legislation in the US, the intended data disclosure would seriously endanger the claimant's privacy and that no overriding public interest could justify such breach of law. In particular, the threat to the existence of the bank does not outweigh the claimant's interest of effective data protection.The Nater Dallafior team included Roberto Dallafior and Patrik Salzmann.
Nater Dallafior successfully defends Holmer Maschinenbau GmbH from Germany against a Russian-controlled company seated in Zug (Switzerland) in an international arbitration administered by the Vienna International Arbitration Centre (VIAC) ›
Nater Dallafior successfully defends a public hospital against personal injury claims brought by a former patient. The state court proceedings were introduced in 2011 and included complex expert witness reports on alleged medical malpractice. ›