Sep 092020
 September 9, 2020  Posted by  Non-U.S.

Hunton Andrews Kurth writes:

On September 8, 2020, the Swiss Data Protection Authority (the Federal Data Protection and Information Commissioner, “FDPIC”), announced in a position statement that it no longer considers the Swiss-U.S. Privacy Shield adequate for the purposes of transfers of personal data from Switzerland to the U.S. This decision follows the July 2020 ruling of the Court of Justice of the European Union (“CJEU”) in the Schrems II case, which invalidated the EU-U.S. Privacy Shield for EU-U.S. transfers of personal data. This ruling was considered as part of the annual review of the Swiss-U.S. Privacy Shield Framework by the FDPIC since, as Switzerland is not a member of the EU, it is not bound by the CJEU ruling.

According to the FDPIC, although the Swiss-U.S. Privacy Shield Framework guarantees special protection rights for individuals in Switzerland, it does not provide an adequate level of protection for personal data transferred from Switzerland to the U.S. pursuant to the Federal Act on Data Protection (“FADP”).

Read more on The National Law Review.

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