This article outlines the relevant Swiss law that may apply in the context of a cross-border inter-group company investigation. In particular the article will examine the position in Switzerland with regard to blocking statues and criminal offences as defined by Swiss courts, looking closely at the impact and interpretation of Articles 271(1), 273 and 162 of the Swiss Penal Code. The article further details the position in Switzerland on data protection, with regard to cross-border data flow and the employer's duty of care and briefly examines the employee's duty of loyalty and duty of confidentiality.

This article is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of contents visit www.practicallaw.com/employment-mjg.