Switzerland gives green light for "secure exchange" of personal data with US

Switzerland's Federal Council  has actioned its new Data Privacy Framework which 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 added the US 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 would 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 statement further said: "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."