Swiss-US Data Privacy Framework: Certified US companies offer adequate protection for personal data
Bern, 14.08.2024 - The new Data Privacy Framework allows for the secure exchange of personal data between Switzerland and certified US companies. The Federal Council came to this conclusion at its meeting on 14 August and has to this extent added the USA to the list of countries with an adequate level of data protection. The certification for US companies and a new US data protection review court in particular will allow personal data to be transferred from Switzerland to certified companies in the USA without any additional guarantees. The Federal Council will bring a corresponding amendment to the Data Protection Ordinance into force on 15 September.
The new Data Privacy Framework between Switzerland and the USA provides adequate protection for the transfer of personal data to certified US companies. This is the Federal Council's conclusion based on an assessment by the Federal Office of Justice (FOJ). The Swiss-US Data Privacy Framework will permit personal data to be transferred from Switzerland to certified companies in the USA without any additional guarantees. The Federal Council approved the corresponding amendment to the Data Protection Ordinance at its meeting on 14 August and added the USA to this extent to the list of countries with adequate data protection. The relevant changes will apply from 15 September.
The certification for US companies ensures that the required data protection measures and data protection guarantees will be observed. In particular, the companies will only be permitted to process the data for the purposes for which they were collected. Disclosure to third parties such as non-certified companies is not permitted.In the event of access by U.S. public authorities to personal data transferred from Switzerland, various safeguards are provided, including access to a redress mechanism..
Since Switzerland's new data protection legislation came into force on 1 September 2023, personal data may be transferred abroad without additional guarantees if the recipient country has an adequate level of data protection. The Federal Council decides which countries meet this requirement, publishing a binding list of these countries in Annex 1 to the Data Protection Ordinance.
In July 2023, the EU and the USA brought the EU-US Data Privacy Framework into force. With the Swiss-US Data Privacy Framework, the Federal Council is now creating a level playing field for private individuals and businesses in Switzerland.
Address for enquiries
Concerning adequacy assessments and questions related to the adequacy assessment procedure:
Ingrid Ryser, Federal Office of Justice, T +41 58 462 48 48, ingrid.ryser@bj.admin.ch
Concerning economic policy with the USA:
Antje Baertschi, State Secretariat for Economic Affairs SECO, T +41 58 463 52 75, antje.baertschi@seco.admin.ch
Publisher
The Federal Council
https://www.admin.ch/gov/en/start.html
Federal Office of Justice
http://www.bj.admin.ch
Federal Department of Justice and Police
http://www.ejpd.admin.ch
