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Lukas Bühlmann
Lukas Bühlmann is a partner at MLL Legal and co-chair of the firm’s ICT & Digital practice group. He specialises in technology, media, and telecommunications law. Recognised for his pragmatic approach and deep sector knowledge, Lukas has extensive experience advising clients on regulatory, contractual, and compliance matters. He is a regular contributor to leading legal publications and plays an active role in shaping the legal landscape for digital innovation in Switzerland.
What is the philosophy behind your approach as a lawyer in the media sector?
My approach is grounded in pragmatism and a deep understanding of how media businesses actually operate. In a sector shaped by rapid technological change and regulatory uncertainty, legal advice must enable decision-making rather than constrain it. I focus on aligning legal compliance with commercial and strategic objectives, helping clients innovate responsibly while managing regulatory and reputational risk. That requires not only legal expertise but also an appreciation of market dynamics, technology, and public scrutiny.
How has the market changed since you started practising?
The Swiss telecommunications and media market has undergone fundamental changes driven by liberalisation, digitalisation, and technological convergence. Closely aligned with EU developments, Switzerland has benefited from strong infrastructure and competitive market conditions. At the same time, technologies such as OTT services, IoT, and blockchain have challenged traditional regulatory assumptions. Switzerland’s response — incremental reform combined with a technology neutral approach — illustrates both the strengths and limits of regulatory restraint in a fast-moving digital environment.
What role does competition law play in shaping the digital strategies of telecom and media companies?
In Switzerland, the Competition Commission (ComCo) plays a central role in regulating telecommunications infrastructure and the media market. It combats harmful cartels, monitors dominant companies, and enforces merger control legislation. Collaboration between the Communication Commission (ComCom) and ComCo is particularly important where infrastructure and market power intersect. This institutional duality reflects a broader Swiss regulatory philosophy: competition law acts as a corrective mechanism where sector-specific rules reach their limits, particularly in data-driven and platform-based markets.
How are companies in the telecoms sector responding to increasing scrutiny around data monetisation and user privacy?
The revised Federal Data Protection Act (FDPA) and the Data Protection Ordinance (FDPO), in force since September 2024, align Switzerland more closely with the GDPR while preserving a risk-based, principle-driven approach. For telecom companies, this has reinforced a shift from opportunistic data monetisation to structured data governance models that emphasise accountability, transparency, and user trust — increasingly seen as a competitive asset rather than a regulatory burden.
How do you establish a detailed understanding of a client’s business to advise them effectively?
Effective advice in this sector requires more than legal analysis. I invest time in understanding a client’s business model, value drivers, and risk appetite, and maintain close dialogue with legal, technical, and commercial teams. This allows me to anticipate issues early and translate complex legal requirements into practical guidance that supports decision-making at the management and board level.
How is the rise of generative AI and digital replicas influencing IP law and content licensing in the media and entertainment space?
Switzerland’s approach to AI regulation — including support for the Council of Europe’s AI Convention and sector-specific legal adjustments — reflects a pragmatic balance between innovation and fundamental rights. Rather than comprehensive AI legislation, Switzerland is relying on targeted interventions in areas such as data protection, discrimination, and transparency, which places significant responsibility on media companies to manage IP and licensing risks contractually and operationally.
How do you anticipate the convergence of telecoms and media with immersive technologies like AR/VR will affect regulatory frameworks?
The convergence of telecoms, media, and immersive technologies such as AR and VR will further strain existing regulatory frameworks. These technologies cut across telecom regulation, media law, consumer protection, and data governance. Switzerland’s technology-neutral regulatory framework offers flexibility for immersive media and new distribution models. At the same time, it shifts regulatory risk from the legislator to companies, requiring more anticipatory legal and governance strategies than in more prescriptive jurisdictions.
Looking back over your career, what has been your proudest achievement?
I’ve never thought of my work in terms of a single proudest achievement. What I’m most proud of is having helped shape how complex digital and telecom issues are understood and handled in practice — not just legally, but strategically. Over time, that has meant advising on matters where law, technology, competition, and public interest intersect, and helping clients and institutions make decisions that were defensible, future-proof, and responsible within Switzerland’s closely scrutinised and internationally connected regulatory environment. If there is one thing I would point to, it’s having consistently been part of that conversation — contributing to it, challenging it when necessary, and earning trust as someone who combines legal rigour with a clear understanding of how the digital ecosystem actually works.
Lexology Index says: Lukas Bühlmann is deemed an exceptional telecoms lawyer who regularly advises clients in the luxury goods, technology and media sectors among others.
