Nicola Benz
Partner, Zurich
T +41 58 552 04 90
nicola.benz@mll-legal.com
Profile
Nicola Benz’s practice is focused on technology and life sciences transactions. She assists technology companies of all sizes, from start-ups to established players, as well as investors, suppliers and customers across a broad range of industries and sectors.
Nicola Benz’s expertise covers outsourcing, licensing, joint ventures and collaborations and associated intellectual property issues. She also has considerable experience advising on all types of commercial contracts, competition and regulatory issues and data protection.
Nicola Benz is recognised as a globally leading patent and technology licensing lawyer, as well as a leading practitioner in the field of intellectual property.
Industry Groups
Special Desks
Rankings & Awards
- “Nicola is great, and is very good with clients” – Chambers and Partners Europe, TMT, 2023
- “Nicola is well regarded for her IT and data privacy practice. She is a smart person who is always a pleasure to work with” – Who’s Who Legal, Global Leader Data Privacy and Protection, 2023
- “Nicola Benz is a leading practitioner who is highly sought after by clients in the telecoms industry for her knowhow when it comes to outsourcing, licensing and joint ventures” – Who’s Who Legal, Global Leader Telecoms & Media, 2023
- “Nicola Benz is a top commercial IP lawyer; she has a patent and technology focus, but is adept at handling deals involving all kinds of intellectual property” – World Trademark Review 1000, 2023
- “Nicola Benz was always someone who understood how to be a true business partner. She’s a person whose word I could absolutely count on” – Legal 500 EMEA, Data Privacy & Protection, 2022
- “Nicola is a highly experienced IT lawyer” – Who’s Who Legal, Thought Leader Data, 2022
- “Nicola Benz is excellent in the field of trade mark prosecution handling complex matters and achieving positive outcomes” – Legal 500 EMEA, IP, 2022
- “Nicola Benz clarity of thought and empathy is a rare commodity in the legal sector. Not only is Nicola a key thought leader, she exemplifies the highest standard in all aspects of engagement with clients, and it is clear this extends to the team she commands” – Legal 500 EMEA, TMT, 2022
- “Nicola Benz is very easily approachable, has an excellent understanding of commercial factors, is experienced in her field, offers quick response times and has a straightforward approach to problems. She’s easy to work with and talk to – even in respect to sensitive matters and client relationships” – Legal 500 EMEA, TMT, 2022
- “Nicola Benz is invaluable and very knowledgeable and responsive” – Chambers and Partners Europe, IP, 2022
- “Personable and charming, she has gained a loyal following in the technology & life sciences industries and has IP commercialisation down to a T” – World Trademark Review 1000, 2022
- “Nicola Benz frequently assists with domestic and cross-border trade mark disputes, enforcement of trade mark rights, trade mark portfolio advice and regulatory matters. One satisfied client remarks that she is “really reliable and present with great experience” – Chambers and Partners Europe, IP, 2021
- “Nicola Benz is frequently instructed on cybersecurity and software development projects. She is praised by sources for her experience in IT and data privacy” – Chambers and Partners Europe, TMT, 2021
- “Nicola Benz is very easily approachable, excellent understanding of commercial factors, experienced in her field, quick response times, capability for different fee arrangements, straight forward approach to the problems, easy to work with and talk to – even in respect to sensitive matters and client relationships” – Legal 500 EMEA, Data Privacy and Data Protection, 2021
- “Can do attitude; the team identifies the goal and proposes solutions instead of problems. Good at recognising my goals, rather than just analysing processes” – Legal 500 EMEA, TMT, 2021
Education & Admission
- Recognition of qualification in Switzerland (2005)
- Admitted to the Scots Bar (1998)
- University of Edinburgh, LLB Hons
Memberships and public offices
- Swiss Bar Association (SAV)
- Zurich Bar Association (ZAV)
- International Trademark Association (INTA)
- Licensing Executives Society (LES)
- International Technology Law Association (iTechLaw)
Languages
- German
- English
Publications
- «Wir setzen auf Teams, nicht auf Einzelkämpfer». Die frisch fusionierte Wirtschaftskanzlei MLL will dem Starkult abschwören, der unter Anwaltsfirmen grassiert. | 04.10.2021
- iTechLaw 2021 Update to Responsible AI: A Global Policy Framework, and Responsible AI Assessment (RAIIA), Chapter on Open Data (Principle 6) | 05.03.2021
- Trends im Technologie-Recht, Tages-Anzeiger Supplement Rechtsguide 2020, p. 10 | 07.09.2020
- Datenschutz zwischen Stuhl und Bank – Die neue EU Verordnung aus der Sicht der Schweiz, NZZ | 18.06.2018
Find all publications by Nicola Benz on our website mll-legal.com.
Assistants
“Nicola is well regarded for her IT and data privacy practice. She is a smart person who is always a pleasure to work with”
Publications
«Wir setzen auf Teams, nicht auf Einzelkämpfer». Die frisch fusionierte Wirtschaftskanzlei MLL will dem Starkult abschwören, der unter Anwaltsfirmen grassiert.
NZZ am Sonntag, 3. Oktober 2021- DE
iTechLaw 2021 Update to Responsible AI: A Global Policy Framework, and Responsible AI Assessment (RAIIA), Chapter on Open Data (Principle 6)
- EN
- Nicola Benz
- Cornelia Mattig
- John Buyers
- Per Kaare Svendsen
- Sonja Dürager
Trends im Technologie-Recht, Tages-Anzeiger Supplement Rechtsguide 2020, p. 10
- DE
- Nicola Benz
- Cornelia Mattig
Datenschutz zwischen Stuhl und Bank – Die neue EU Verordnung aus der Sicht der Schweiz, NZZ
- DE
Firm News
Our IP Team is again ranked Gold in the WTR 1000 Guide 2023
Alpine Privacy Days | 8 – 10 March 2023
MLL Legal advises EIM Group regarding an investment by Omnes into EIM Group
Alpine Privacy Days | 14. – 17. September 2022
Nicola Benz listed in Managing IP’s Top 250 Women in IP list 2022
News Portal
Has the decision of the Belgian Data Protection Authority against IAB Europe shaken the ground on which the adtech industry stands in Europe?
On 2 February 2022, the Belgian Data Protection Authority found that the transparency and consent framework developed by the Interactive Advertising Bureau Europe (IAB Europe) does not comply with GDPR and imposed a fine of EUR 250’000.00 on the company as well as coercive measures. If you work in marketing or even just use the widespread mechanism of IAB Europe, check out our article on the reasoning of the Belgian Data Protection Authority to find out what to do to avoid a fine yourself.
More
The Never-Ending Story of the “Cookie” Set-up
The French Data Protection Authority (CNIL) has fined Facebook (now Meta Platforms, Inc.) EUR 60 million and Google EUR 150 million based on the reasoning that it is not as easy to refuse cookies on their websites as it is to accept them. Below you can find out more about the background to these decisions. Also, if you jump to the end of our blog article, you will find out what these decisions mean for your business and the set-up of your cookie selection process.
More
AI and Liability – The Lawyer’s View
Artificial intelligence (“AI”) holds great promise, but it also poses new safety risks for users when embedded in products or services. Many people challenge the adequacy of today’s tort or extra-contractual liability regimes in the face of this new technology. The absence of clear safety provisions in the law also creates legal uncertainty for businesses that are marketing AI products. For now, there is little certainty; hence, in the spirit of Plato that an “opinion is the medium between knowledge and ignorance”, we decided to produce two opinions from two different viewpoints as to how AI and liability should be dealt with until there will be knowledge or at least more legal certainty.
More
Liability during the Lifecycle of an AI Tool
The lifecycle of an AI tool encompasses three main stages: (i) the development phase, which consists of the design and manufacturing and the initial training and validation phase, (ii) the use phase and (iii) the liquidation phase. In each stage different stakeholders are involved. If an AI tool causes harm, liability needs be allocated to one or several stakeholder(s). Which stakeholders are liable for the damage caused depends on (a) the stage of the lifecycle of the AI tool in which the damage occurred and (b) the nature and cause of the damage.
More
LexCast: Have You Been Hacked Yet?
MLL has established a Cybersecurity Incident Hub, putting a focus on the issue of cybersecurity at the new firm. Although the topic already gains more and more attention, many businesses still underestimate the risk of a cybersecurity incident. This is particularly true for SMEs. In fact, about two-thirds of Swiss SMEs have already been the target of a cybersecurity attack.
More
