Data, know-how and innovation: the start-up's capital

Case 1: Data protection and compliance at MedTrack AG

1. facts of the case

MedTrack AG is a start-up in the healthcare industry that is developing a mobile app to help patients manage their medication plans. The app collects and processes personal health data and other personal data. MedTrack plans to offer its services throughout Switzerland.

The start-up must ensure that it acts in accordance with the Swiss Data Protection Act (DPA) and the General Data Protection Regulation (GDPR). The health data of users is particularly sensitive.

Questions

1. What must be observed under the DPA and the GDPR?
2. What is the content of a transparent privacy policy?
3. Does MedTrack AG need the consent of the patients concerned in order to process their health data and other personal data?

Case 2: Protection of trade secrets at TechInnovate GmbH

1. facts of the case

TechInnovate GmbH is a young start-up that develops innovative software for energy management. The start-up possesses valuable technical know-how that is not patented but is classified as a trade secret.

There are concerns that former employees could use the know-how to develop competing products or switch to other companies in the industry.

Questions

1. What is a trade secret?
2. What options does TechInnovate GmbH have to protect its know-how?
3. Are there also technical and organizational measures (TOMs) that TechInnovate GmbH can take and, if so, which ones, for example?

Case 3: Patenting at CleanEnergy Solutions AG

1. facts of the case

CleanEnergy Solutions AG is a Swiss start-up that has developed an innovative technology for generating energy from renewable sources. The technology promises a significantly more efficient use of solar energy.

The start-up is faced with the decision of whether to patent its innovation. The technology has so far been kept in-house and the management is unsure whether a patent application is the best strategy to secure their invention.

Questions

1. What are the advantages and disadvantages of a patent application?
2. What alternative protection strategies are there for the technology if patenting does not seem ideal?