Marco Novoselac
Partner, EMBL-HSG, Notary Canton of Solothurn
Marco Novoselac specialises in FinTech and consumer finance, advising on the legal structuring and implementation of digital business models, particularly BNPL solutions, consumer credit products, and credit card and customer/loyalty card programmes. He also supports clients on AML/compliance matters and on debt collection and receivables management structures. His practice further includes data protection and IT law (FADP/GDPR), as well as the drafting of contracts, general terms and conditions, and terms of use. In addition, he advises on corporate law, small- and mid-cap M&A transactions, and selected aircraft transactions.
- FinTech & Consumer Finance: BNPL, consumer credit, credit cards and customer/loyalty card programmes; factoring/assignment structures and instruction-based models (payment/settlement flows, tripartite arrangements); product and contract design; regulatory qualification and structuring (in particular consumer credit / CCA interfaces); partner and platform models; payment and receivables flows; customer communication and product documentation; AML/compliance set-ups; dispute, chargeback and contentious processes.
- Data Protection & IT (FADP/GDPR): data protection governance; information and access request processes; role allocation models (controller/processor); TOMs; outsourcing and subprocessors; data transfers (including DPA/SCC set-ups); privacy-by-design and retention concepts; incident response in the event of data breaches.
- Contract Law & T&Cs: drafting, review and negotiation of terms and conditions and terms of use; product documentation; IT/SaaS and platform agreements; cooperation and distribution agreements; liability and SLAs; change and exit arrangements; dispute resolution mechanisms and enforcement.
- Corporate / M&A: incorporations, articles of association/bylaws, capital measures, shareholders’ agreements, corporate housekeeping; small- and mid-cap M&A transactions from structuring, due diligence and SPA/APA drafting through to closing and post-closing matters (including reorganisations).
- Employment Law: advice on day-to-day employment law matters; drafting and negotiation of employment agreements (including bonus/variable compensation, protected periods, non-compete clauses, IP/inventions, and data protection in the employment context); termination of employment relationships (termination agreements, dismissals, garden leave), internal policies/regulations, and data protection interfaces.
- Aircraft Transactions: acquisition and sale of aircraft, holding and structuring issues, transaction documentation and closing processes.
- Marco co-founded Stromberg Ltd, the first and leading Premium Fashion Online Shop in Switzerland.
- Marco was admitted to the Swiss bar, and admitted as a Public Notary in 2001.
- Marco read law at the University of St. Gallen, where he obtained his lic. iur. HSG law degree. He went on to obtain his EMBL-HSG (Executive Master of European and International Business Law) also at the University of St. Gallen.
- Marco speaks both German and English.
Publication02.02.2022
L2B Aviation - International Aircraft Registration Guide
Contribution of Swiss Chapter in L2B Aviation - International Aircraft Registration Guide.
Publication01.01.2022
Genossenschaft-Handbuch
Handbuch Schweizer Genossenschaftsrecht, 2022; Beiträge zu «Ausnahmebestimmungen für Versicherungsgenossenschaften», «Von der Vorerrichtungsgesellschaft zur Vorgenossenschaft» und «Haftung und Entlastung der Gründer»
Presentation08.11.2019
gbf Technology Workshop 2.0
Blockchain by Design – Big Chance, Big Risk or Big Fail?
Inventory of processing activities
Supporting several private and public institutions in the creation of an inventory of processing activities in accordance with the new Swiss Data Protection Act.
Internal Compliance Programme (ICP)
Preparation of an Internal Compliance Programme (in particular with regard to export controls, sanctions and money laundering) for a Swiss exporter.
Credit insurance
Advising credit insurers in a complex leasing structure in connection with aircraft non-payment insurance policies.
Aircraft Finance
Acted as lead counsel to a major global bank for the financing of a Boeing BBJ aircraft and an Airbus ACJ aircraft for a UHNWI.
Investment in a start-up technology company
We advised one of the biggest e-commerce companies on their investment in a start-up technology company, including due diligence and capital increase.
Surveillance of employees
We counselled a Swiss company on the possibilities of the employee surveillance.
Data theft
We advised a Swiss company with regard to data theft and unlawful use of customer data.
Bancruptcy of a business partner
We advised an international holding company with regard to the bancruptcy of a business partner.
International administrative assistance
We advised an international holding company on how to oppose information requests in an international administrative assistance procedure.
Mareva injunction
We advised an international family office on how to defend against a mareva injunction.
Transfer of data of a telecommunications company
We councelled a Swiss debt collection company on the transfer of data from a telecommunications company.
Transfer of data abroad
We advised a German financal services company on the assignment of claims and the transfer of data abroad.
Online sales of travel packages
Advised an airline on the regulatory requirements for the online sales of travel packages.
Investment in a Swiss fintech company
We advised a leading German media company with regard to the investment in one of Switzerland’s leading FinTech companies.
Refinancing of a business jet
We advised a Swiss bank on the refinancing of a business jet. In particular, we drafted and negotiated all contractual documents.
ACJ Sale
We advised a company on the sale of an Airbus Corporate Jet which included drafting and negotiating the aircraft sale and purchase agreement and the escrow agreement.
Online flight sales
We advised an airline on the regulatory requirements applicable to the online sales of flights and travel packages.
Airline strategic alliance
We assisted two airlines on the competition law self-assessment of a strategic alliance, which included in particular a code-share agreement.
Data Transfer Abroad
We advised an international company on the transfer of employment data abroad.
Termination Agreement Top Management
We advised a member of the senior management of an international company with regard to the termination of their employment relationship.
Purchase of an Agusta AW139
We advised a company on the purchase of an Agusta AW139 helicopter. We were, in particular, involved in reviewing and negotiating the aircraft purchase agreement, and clarifying related VAT-issues.
Purchase of a Falcon Dassault 900LX
We advised a client on the purchase of Falcon Dassault 900LX Jet, including reviewing and negotiating the aircraft purchase agreement.
Purchase of a Bombardier Global 6000
We advised a company on the purchase of a Bombardier Global 6000 Jet, including reviewing and negotiating the aircraft purchase agreement.