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A Litigation Hold Notice tells people and organizations to keep specific documents, emails, and other records safe when there's a chance they'll be needed for a legal case. In Switzerland, these notices help companies follow their duty to preserve evidence under the Civil Procedure Code (ZPO) and avoid penalties for destroying important information.

The notice explains exactly what needs to be kept, who needs to keep it, and how long the hold stays in place. It stops the usual deletion of files and records that might happen under normal data retention policies. Swiss companies often use these notices during contract disputes, employment cases, or when regulatory authorities start investigating their business practices.

Send out a Litigation Hold Notice as soon as you learn about potential legal action or an investigation involving your Swiss organization. Common triggers include receiving a formal complaint, learning about a workplace injury, or getting notice of a regulatory audit from FINMA or other authorities.

Time matters here - waiting too long can mean losing crucial evidence as emails get automatically deleted or documents get discarded. Swiss courts expect companies to preserve evidence once they reasonably anticipate litigation. The earlier you issue the hold notice, the better protected you'll be against claims of evidence spoliation and the stronger position you'll have when defending your case.

• Standard Hold Notice: Used for routine business disputes, covering basic document preservation needs across emails, files, and physical records
• Comprehensive Enterprise Hold: Detailed notices for complex corporate matters, including specific instructions for different departments and data types
• Regulatory Investigation Hold: Tailored for Swiss financial institutions under FINMA oversight, with precise requirements for banking and trading records
• Employee-Related Hold: Focused on HR documents, communications, and performance records for employment disputes
• Project-Specific Hold: Customized for construction, pharma, or tech projects, targeting specific technical documentation and correspondence

• Legal Department: Drafts and issues the Litigation Hold Notice, coordinates with IT for technical implementation, and monitors compliance
• IT Teams: Implement technical preservation measures, suspend automatic deletions, and help identify relevant data sources
• Department Managers: Ensure their teams understand and follow the hold requirements, report any compliance issues
• Employees: Must preserve specified documents and data once notified, regardless of their regular deletion habits
• External Counsel: Often advises on the scope and wording of hold notices, especially in complex cases or regulatory matters

• Identify Scope: List all potentially relevant documents, data types, and systems that need preservation
• Map Key Players: Document which departments and employees possess or control relevant information
• Set Timeframe: Determine the date range for preserved materials, including both historical and future records
• Define Preservation Steps: Outline specific actions recipients must take to secure different types of information
• Draft Clear Instructions: Use our platform to generate precise, Swiss-compliant hold notices that clearly explain preservation duties
• Plan Distribution: Create a complete list of notice recipients and track acknowledgments

• Purpose Statement: Clear explanation of the legal matter and preservation obligations under Swiss law
• Document Scope: Detailed list of all data types and formats to be preserved, including electronic and physical records
• Preservation Period: Specific timeframe for which materials must be retained
• Recipient Instructions: Step-by-step guidance on implementing preservation measures
• Compliance Requirements: Description of Swiss data protection obligations and consequences of non-compliance
• Acknowledgment Section: Space for recipients to confirm understanding and agree to comply
• Contact Information: Designated person for questions about preservation duties

A Litigation Hold Notice differs significantly from a Notice to Remedy Breach in both purpose and timing. While both documents deal with potential legal issues, they serve distinct functions in Swiss business operations.

• Purpose and Timing: A Litigation Hold Notice focuses on preserving evidence for potential future legal proceedings, while a Notice to Remedy Breach addresses an existing contract violation and demands specific corrective actions
• Scope of Application: Hold notices typically affect multiple departments and require ongoing compliance, whereas remedy notices target specific contractual parties and seek immediate resolution
• Legal Consequences: Failing to comply with a hold notice can result in evidence spoliation penalties under Swiss procedural law, while ignoring a remedy notice typically leads to contract termination or damages claims
• Duration: Hold notices remain active until explicitly lifted, often lasting months or years. Remedy notices usually specify short correction periods, often 30 days or less