Samuel Klaus

Schellenberg Wittmer

Zurich www.swlegal.ch

samuel.klaus@swlegal.ch Tel: +41 44 215 5252

Biography

Samuel Klaus is a partner in Schellenberg Wittmer's information and communication technology and data group in Zurich, with a focus on ICT, data, IT security and cybercrime as well as telecommunication. He advises clients in technology transactions, digitalisation projects, outsourcings and in all matters related to software development, licensing, e-commerce, data security, data protection and data privacy issues, in particular related to new technologies such as AI, BIM, IoT or DLT.

Working for a large IT service provider as a student, I had the opportunity to experience the technological developments first hand. I always found it fascinating that all things digital rely and thrive on data – as a resource, asset and even as a personal good. That led to my interest in the legal aspects of data. And today, it is the broad range and diversity of questions related to data that I am most interested in.

What did you find most challenging about establishing your practice in this area?

While technology and data related aspects are changing quickly, today even more than a couple of years ago, the social perception moves on a different timescale. I have been advising on data protection and privacy issues for years now, and I always find it most challenging to align the conflicting interests involved in data matters – with the goal to help the client find a workable solution to the issue at hand.

How do you stay informed and up-to-date with the latest technological advances?

I have a strong personal interest in new technology, I am simply fascinated by what already is and becomes possible. And of course my contact with clients working at that forefront of technological advancement on a daily basis helps me to stay up to date.

In a global environment of increased data regulation and legislation, what specific challenges are posed by the Swiss regulatory market?

As in any innovative market, in the area of data regulation and legislation it is a constant back and forth between market forces and regulatory efforts. Switzerland being a highly innovative and wellconnected, albeit rather small market, I find it challenging to align the different requirements of parallel but still somewhat different regulations, for example, in crossborder data protection matters.

How are you seeing AI, BIM and IoT technologies being implemented by clients?

AI (Artificial Intelligence) has been established already for quite a while, even though not on a very high level. What we a are seeing now is the development of highly complex applications opening new opportunities that have not been available before, due to limitations in data availability as well as computing power.

BIM (Building Information Modeling) is one of the most fascinating examples of how quickly a whole sector can embrace and advance digitalisation. The construction industry has not been a first mover when it comes to digital workflows – but it is one of the fastest moving sectors in this regard now, coming strong as all the market players are starting to appreciate the vast opportunities of digital cooperation.

IoT (Internet of Things), on the other hand, has already arrived in our daily lives and has been implemented in so many areas that people rarely notice it anymore.

How do you see these technologies and subsequent legal ramifications developing in the near future?

Data is a resource, asset and personal good all at once. All these technologies thrive on data - and there are many conflicting interests. I expect the development of data focused regulations, data access rules and alternative concepts to data ownership. In the EU, the Data Act will be one step in this direction, and I expect similar discussions and regulations to develop in Switzerland.

Looking back over your career, what is the most memorable case you have been a part of?

Amongst all the memorable cases, one truly sticks out, and that is the CHF 2.75 billion acquisition by Worldline of the SIX payment services, where I was part of the team advising SIX (https://www.swlegal. com/en/insights/deals-cases-detail/sixannounces-closing-of-the-acquisitionof-six-pa/). In this case, a multitude of IT, IP and data-related questions had to be addressed, all within a most challenging transactional environment. It was fascinating to work in a large and diverse team, in close cooperation with our corporate and foreign colleagues. And it was amazing to see the thousands of puzzle pieces coming together to a successful transaction.

Given rapid technological innovations across industries including the legal profession, where, in your opinion, does the future of data law practice lie?

As a practitioner helping to resolve the challenges my clients face on a daily basis, I think that data law must – and will – focus more on the big picture than on a detail-driven micro-regulation, as we have sometime seen in the past – and are unfortunately still seeing to quite some extent today.

WWL says: Samuel Klaus is highly esteemed as “a very talented and highly experienced data and technology lawyer” and applauded for his “strategic thinking”.