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Long-term contractual relationships are particularly problematic for athletes, as their athletic careers are by nature only possible for a narrowly limited period of time. Accordingly, in professional sports, fixed-term player contracts should not exceed five years.
In principle, clubs must pay social security contributions for athletes who are gainfully employed in Switzerland and have reached the age of 17. If the relevant salary does not exceed the amount of CHF 2,300 per calendar year, the club is only required to pay the contributions upon request.
Marketing & Communication
The term influencer marketing defines a form of advertising based on social media. Companies cooperate with people who have a large reach on social media platforms such as Instagram, YouTube or Facebook (so-called influencers). The reach is measured by the number of people who have subscribed to the influencer profiles on the respective social media platforms (so-called followers). One of the goals of the companies is to enter into dialogue with new target groups and create awareness for their products* using the positive image of their influencers.
In Switzerland, the legal requirements for social media posts by influencers result from the guidelines of the individual social media platforms and from the general principles of the Bundesgesetzes gegen den unlauteren Wettbewerb. In the case of influencer marketing, a problem can arise in particular from the lack of or insufficient advertising marking of the posts, as such posts could possibly be qualified as surreptitious advertising («Schleichwerbung»).
Surreptitious advertising is when products are mentioned or presented in a post without the advertising purpose being recognisable. This presupposes that a post gives the impression of being neutral – i.e. not economically influenced – even though it is motivated by economic contributions.
Marking must take place in all cases of so-called commercial communication. The term commercial communication is defined as «any action by competitors or third parties (…) which systematically influences a majority of persons in their attitude towards certain goods, works, services or business relationships for the purpose of concluding or preventing a legal transaction».
A post that is not or only inadequately labelled as advertising or product placement violates the general clause of Art. 2 of the Bundesgesetzes gegen den unlauteren Wettbewerb, which states that «any conduct or business behaviour that is deceptive or otherwise contrary to the principle of good faith and that influences the relationship between competitors or between suppliers and customers is unfair and unlawful”. However, a violation does not entail a sanction. Accordingly, surreptitious advertising constitutes unfair business conduct, but cannot be sanctioned in Switzerland due to the absence of a corresponding criminal provision.
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Inspired by a characteristic course of a sports career, PLAY, IMPROVE, NEGOTIATE and KICK ASSES were chosen as catchwords of our company.