Art. 321 SCC and AI vendors as auxiliaries
When can a lawyer put client data into an AI tool without breaching professional secrecy? What the law says, what case law says about IT providers, and what remains open.
Short, sourced explainers for Swiss and EU lawyers. Informational only, not legal advice.
When can a lawyer put client data into an AI tool without breaching professional secrecy? What the law says, what case law says about IT providers, and what remains open.
Why “hosted in Switzerland” does not settle the question when the provider is American, and how SecretSafe scores it.
Swiss and EU processor rules side by side, cross-border transfers (including the Swiss-US DPF), and why a DPA alone does not solve professional secrecy.
What applies now, what the 2026 Digital Omnibus postponed, and when a Swiss firm may be in scope.