The Federal Council
Bern, August 14, 2024 – The new data protection framework enables a secure exchange of personal data between Switzerland and certified US companies. The Federal Council came to this conclusion at its meeting on August 14, 2024 and placed the USA on the list of countries with an adequate level of data protection to this extent. In particular, the certification for US companies and a new US data protection court will in future allow the transfer of personal data from Switzerland to certified companies in the USA without additional guarantees. The Federal Council will put the corresponding amendment to the Data Protection Ordinance into effect on September 15, 2024.
The new data protection framework between Switzerland and the USA offers adequate protection for the transfer of personal data to certified US companies. The Federal Council came to this conclusion based on an assessment by the Federal Office of Justice (FOJ). With the so-called Swiss-US Data Privacy Framework, personal data from Switzerland can in future be transferred to certified companies in the USA without additional guarantees. The Federal Council approved the corresponding amendment to the Data Protection Ordinance at its meeting on August 14, 2024 and placed the USA on the list of countries with adequate data protection to this extent. The corresponding changes will apply from September 15, 2024.
Certification for US companies ensures that the data protection measures and guarantees provided for are adhered to. In particular, these companies may only process the data for the purposes for which it was collected. Transferring the data to third parties, such as non-certified companies, is not permitted. Various guarantees are provided for when US authorities access personal data disclosed by Switzerland, including a complaints mechanism.
Since the new Swiss data protection law came into force on September 1, 2023, personal data may be transferred abroad without additional guarantees if there is an adequate level of data protection in the receiving country. Which states meet this requirement is determined by the Federal Council and published on a binding list in Annex 1 of the Data Protection Ordinance.
The EU and the USA already implemented the EU-US Data Privacy Framework in July 2023. With the Swiss-US Data Privacy Framework, the Federal Council is now creating a level playing field for private individuals and companies in Switzerland.
Address for inquiries
Concerning the assessment of adequacy and for questions on the adequacy assessment procedure:
Ingrid Ryser, Federal Office of Justice, T +41 58 462 48 48, ingrid.ryser@bj.admin.ch
Regarding economic policy with the USA:
Antje Baertschi, State Secretariat for Economic Affairs SECO, T +41 58 463 52 75, antje.baertschi@seco.admin.ch
editor
The Federal Council
