Better protection for data transferred to the USA
With the "Swiss-US Privacy Shield", there is once again better protection for data transferred to the USA. This means that Switzerland now has a level playing field with the EU, which agreed a comparable regime with the USA last summer.
At its meeting on 11 January 2017, the Federal Council took note of the establishment of a new framework for the transfer of personal data from Switzerland to companies based in the USA. This new framework replaces the previous so-called Safe Harbor and improves the protection of personal data. A Swiss-US Privacy Shield is necessary for the secure, efficient and fast transfer of such data. The US does not have legislation in the data protection area that ensures an adequate level of protection according to Swiss law.
What is getting better?
The improvements compared to the Safe Harbor are manifold. In particular, there is a strengthening of the application of the data protection principles by the participating companies on the one hand and the administration and monitoring of the framework by the U.S. authorities on the other. Cooperation between the U.S. Department of Commerce and the Federal Data Protection and Information Commissioner is to be intensified. In addition, an arbitration body will be introduced to handle disputes that are not resolved through the other available complaint channels. Finally, Swiss residents will now be able to direct inquiries regarding the processing of their data by U.S. intelligence agencies to an ombudsperson at the U.S. Department of State.
Certify to Swiss-US Privacy Shield
American companies that process data can certify under the Swiss-US Privacy Shield and thus subject themselves to its principles. Switzerland recognizes the adequacy of the level of data protection for such companies. Swiss companies will thus in most cases again be able to transfer personal data to certified business partners in the USA without requiring supplementary contractual guarantees.
This regulation corresponds to the solution between the USA and the 31 states of the EU and the European Economic Area (EEA). This consistency is of great importance to ensure a level playing field for individuals and companies from Switzerland and the EU/EEA area in transatlantic data traffic.
Source: FDPIC
