Swiss-US Data Privacy Framework: Ensuring Secure Data Transfers Between Switzerland and the US

On August 14, 2024, the Swiss Federal Council approved the Swiss-US Data Privacy Framework, a significant development that facilitates the secure exchange of personal data between Switzerland and certified US companies. This framework allows certified US companies to receive personal data from Switzerland without additional safeguards, such as contractual clauses, making data transfers simpler and more secure.

The framework, which aligns with the EU-US Data Privacy Framework established in July 2023, ensures that US companies comply with stringent data protection measures. These measures include limiting data processing to its original purpose and prohibiting the disclosure of data to non-certified third parties. Notably, the introduction of a new US data protection review court provides a redress mechanism for Swiss individuals in case of privacy breaches by US public authorities.

With the corresponding amendment to the Data Protection Ordinance taking effect on September 15, 2024, the US has now been added to Switzerland’s list of countries with an adequate level of data protection. This move is a significant step toward harmonizing data protection practices between the US and Switzerland, creating a more predictable and secure legal framework for businesses operating across borders.

This regulatory change is crucial for Swiss companies that exchange personal data with the US, as it eliminates the need for additional legal guarantees, thereby streamlining international operations. Compliance officers in Swiss firms should ensure that any data transfers are with certified US companies to remain in compliance with this new framework.

References:

Swiss Government Media Release: https://www.admin.ch/gov/en/start/documentation/media-releases.msg-id-102054.html , August 14, 2024.