Switzerland considers CH-USA Privacy Shield does not provide adequate level of data protection
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09.09.2020 в 13:01

Following annual assessment of the Swiss-US Privacy Shield regime and recent rulings on data protection by the Court of Justice of the European Union (CJEU), the Federal Data Protection and Information Commissioner (FDPIC) has reassessed the data protection conformity of the Privacy Shield regime.

After closely analysing the regime, the FDPIC concludes in his position paper of 8 September 2020 that, although it guarantees special protection rights for persons in Switzerland, it does not provide an adequate level of protection for data transfer from Switzerland to the US pursuant to the Federal Act on Data Protection (FADP).

As a result of this assessment, which is based on Swiss law, the FDPIC has deleted the reference to ‘adequate data protection under certain conditions’ for the US in the FDPIC’s list of countries.