FDPIC considers CH-US Privacy Shield does not provide adequate level of data protection

Bern, 08.09.2020 - Following his 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. Since the FDPIC’s assessment has no influence on the continued existence of the Privacy Shield regime, and those concerned can invoke the regime as long as it is not revoked by the US, the comments on the Privacy Shield in the list of countries will be retained in an adapted form.

Address for enquiries

Media Office FDPIC, Phone +41 58 464 94 10, info@edoeb.admin.ch.
Adrian Lobsiger is available for questions from 9 to 11 am.


Federal Data Protection and Information Commissioner