On Aug. 14, SWI SECO issued Swiss-US personal data framework.
SWI SECO, SWI JST said new data protection framework allows for secure exchange of personal data between Switzerland and certified US companies.
Follows Jul. 2023, SWI DP noted EU-US Data Protection Framework, see #178893.
Follows EC Jul. 2023 adopted adequacy decision for safe EU-US data flows, #178828.
Federal Council Decision
Conclusion reached by the Federal Council at its meeting on Aug. 14 2024.
In this context, US added to list of countries with an adequate level of data protection.
In particular, the certification of US companies and the new US data protection review court will in future ensure the transfer of personal data from Switzerland to certified companies in the USA without any additional guarantees.
Federal council has adopted corresponding amendment to Data protection ordinance.
Background
Per Swiss data protection law, personal data may be communicated abroad without additional guarantees if recipient state offers an adequate level of data protection.
The Federal Council determines which states meet this requirement and publishes a legally binding list in Annex 1 of the Data protection ordinance.
The EU and USA established the EU-US Data Protection Framework in Jul. 2023.
With the new framework personal data between Switzerland and the USA, the Federal Council is creating the same conditions for individuals and companies in Switzerland.
Effectiveness
Amendment to data protection ordinance enters into force on Sep. 15, 2024.
Aug. 15, 2024 SWI DP Took Note
On Aug. 15, 2024, SWI DP took note of the new data protection framework between Switzerland and the USA which is similar to the EU-US Data Privacy Framework.
