For the time being, the Swiss-U.S. Data Privacy Framework enables adequate data protection in the USA. And then comes Max Schrems…. For this reason, we recommend taking dynamic measures, which most major US providers have long since implemented.
The Swiss-U.S. Data Privacy Framework[Swiss-U.S. Data Privacy Framework: Certified US companies offer adequate protection for personal data (admin.ch)] enables the secure transfer of personal data from Switzerland to certified US companies from 15 September in accordance with the Federal Council’s decision of 14 August 2024. Which companies are certified can be found at www.dataprivacyframework.gov
The new Swiss-U.S. Data Privacy Framework includes a new US data protection court as an innovation to the Swiss-U.S. Privacy Shield. This is intended to make the envisaged data protection measures and data protection guarantees enforceable in the USA and ensure an equivalent level of data protection. A right of appeal will also be introduced.
The Federal Council will bring Annex 1 of the Swiss Data Protection Ordinance (DPO, SR 235.11) into force on 15 September 2024.
Max Schrems has already announced that he has Schrems III in the pipeline in order to overturn the EU-U.S. Privacy Framework. In such a case, which could still take years before it is ready for judgement, it is again to be expected that there will be no adequacy. Switzerland would follow suit due to its political ties with the EU.
For this reason, we continue to recommend insisting that so-called EU standard contractual clauses with Swiss adaptation be concluded for so-called onward transfers from the EU to the USA. In our SCC generator you will find support for the right modules and the right Swiss finish. Most major providers have already implemented this since last year, despite the EU-U.S. Privacy Framework Agreement.
We also recommend choosing so-called dynamic formulations in data protection declarations, which cover all future eventualities and save you having to make adjustments depending on jurisdiction.
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