You have just secured your first major client for your young company in French-speaking Switzerland. The client sends you a contract several pages long, in French and English, to be signed “quickly so as not to delay the project”. You read through it, you recognise a few concepts, but some clauses on liability, intellectual property or term are unclear. You hesitate to call a lawyer, fearing that the cost will exceed the value of the contract itself, and you consider signing, telling yourself you will adjust later if necessary.
This situation is very common among entrepreneurs and SME managers in Switzerland. In the first years, everything moves fast: incorporation of the company, choice of legal form, agreements between founders, contracts with first clients and suppliers, hiring the first employees, protecting the brand. Swiss law offers a relatively flexible and business-friendly framework, but it is also based on a high degree of contractual freedom. This means that a lot depends on the documents you sign, more than on detailed mandatory rules. In practice, what you accept in writing can have more impact than you imagine at the time of signature.
When creating a company, choosing the legal form is already a key issue. A corporation, a limited liability company or a sole proprietorship do not have the same consequences in terms of personal liability, financial contributions, governance or the exit of a partner. In Switzerland, registering a company is relatively straightforward, but the real difficulty often lies in the agreements between partners, the allocation of shares, voting rights or the management of a potential future separation. Many entrepreneurs postpone these discussions, even though it is precisely at the outset that the rules of the game should be defined.
Operational contracts then follow. A Swiss entrepreneur will quickly enter into contracts for services, supply, distribution or software licence. Even if there is no formal contract, email exchanges can be enough to form a legally binding agreement. Yet key questions such as deadlines, payment terms, limitation of liability, confidentiality or rights to the final product often remain vague. The law fills some of the gaps, but not necessarily in the way you would have chosen if you had taken the time to define the framework.
Human resources are another sensitive area. As soon as you hire your first employee, you enter an environment where the employment contract, social insurance and the protection of the employee’s personality become very concrete. Many young companies start with template contracts found online or adapted from a foreign model. Yet the Swiss market has its specificities, in particular regarding trial periods, overtime, confidentiality or non-compete clauses. Unclear wording at the beginning can later complicate a dismissal or a dispute about working hours and bonuses.
The frequent mistakes made by entrepreneurs are often less about bad faith than about time pressure. A shareholders’ agreement is signed without really discussing exit scenarios or potential disagreements between founders. General terms and conditions from larger clients, very protective for them and very demanding for you, are accepted simply not to lose the deal. A website and marketing campaign are launched without checking data protection aspects, even though clients are increasingly attentive to confidentiality and the use of their information.
The practical risks are numerous. A poorly anticipated disagreement between partners can block a fundraising round or the sale of the company just when an opportunity arises. An overly broad liability clause can expose you to claims for compensation that are disproportionate to the value of the mandate. An unintentional infringement of trademark or copyright rules can force you to urgently change your product, logo or communication. And in employment relationships, a poorly managed dismissal can lead to a prolonged conflict, additional costs and damage to your reputation.
On top of this come the hidden costs of the “we will see later” approach. The longer you wait to clarify a legal point, the more each party’s interests, expectations and habits become entrenched. Going back becomes difficult, even explosive. A short discussion about a shareholders’ agreement, general terms and conditions or a privacy policy would often have avoided months of negotiation or a dispute. Yet many Swiss entrepreneurs hesitate to consult a lawyer too early, for fear of the cost, the perceived heaviness of the process or the difficulty of finding a specialist truly suited to their situation.
This is where digital tools and Legal Tech become particularly relevant. They do not replace specialised legal work, but they can help you identify risk areas earlier and prepare a more structured exchange with a lawyer. Some platforms offer guided questionnaires that allow you to map your situation: legal form, presence of partners, existence of written contracts, data protection, general terms and conditions, use of third-party software or content. In a few minutes, you obtain an overview of the areas that deserve particular attention.
Other tools make it possible to centralise your key documents, track electronic signatures and keep an organised record of commitments made with your partners. This not only facilitates day-to-day management, but also helps any legal adviser who needs to analyse your situation. Instead of spending hours searching for emails, you share a structured file that enables the lawyer to focus on what matters most: concrete risks, priorities and possible options.
Legal Tech can also help you better prepare your questions. Before an initial exchange, you can for instance complete a form inviting you to describe your activity, your business model, the type of contracts you sign, whether sensitive personal data is involved, and your plans for international growth. This digital preparation, even if simple, avoids wasting time on background elements and allows you to move faster to the core legal issues.
The value of a first structured exchange with a lawyer is all the greater since most entrepreneurs do not know exactly where to start. A targeted meeting, made possible by good preparation via a platform, helps to set priorities: which documents to review first, which topics can wait, and where the financial or operational risk is highest. The aim is not to turn every entrepreneur into a legal expert, but to give them the means to understand the practical consequences of their choices and decide on an informed basis.
Digital platforms specialised in connecting clients with lawyers also make it easier to find the right contact. Instead of searching at random, you can be directed to a professional who is familiar with the issues in your sector, whether it is technology, construction, retail or services. In practice, this increases the relevance of the advice received and reduces the risk of missing a key point specific to your field of activity.
Finally, Legal Tech contributes to making access to law more predictable. Some services offer document templates adapted to the Swiss context, which can serve as a basis for reflection. They do not replace tailored advice, but they help you better formulate your expectations and identify what seems acceptable or not before you consult. And when you decide to move to the next stage, having a clear record of your decisions, contracts and exchanges facilitates the lawyer’s work and can reduce the time needed to secure your situation.
Every situation remains unique, because the combination of your activity, your partners, your corporate structure and your future plans creates its own context. Digital tools are valuable to prepare the ground, but they do not replace the analysis of a specialist. If you consider that certain aspects of your activity deserve clarification, you can use digilegal.com to be put in contact, within less than 24 hours, with a Swiss lawyer suited to your needs. The key is not to wait for a conflict to appear before dealing with legal matters: it is better to establish a few solid basics early on, in a pragmatic way, so that you can focus on what matters most to you: developing your business.