18 septembre 2020 | Briefing
Swiss–U.S. Privacy Shield Inadequate:
Cross-Border Data Transfers Analysis
18 septembre 2020 | Briefing
Swiss–U.S. Privacy Shield Inadequate:
Cross-Border Data Transfers Analysis
Bär & Karrer Briefing September 2020
Inadequacy of the Swiss-U.S. Privacy Shield - Filling the Gaps Around the Federal Data Protection and Information Commissioner's Opinion on Cross-Border Data Transfers to Third Countries
The publication analyses the Swiss Federal Data Protection and Information Commissioner’s finding that the Swiss–U.S. Privacy Shield does not ensure an adequate level of data protection for transfers to the United States. This assessment follows the logic of the Schrems II decision and highlights concerns about insufficient legal remedies and broad access by U.S. authorities to personal data. As a result, Swiss companies must reassess cross-border data transfers and rely on alternative safeguards, such as contractual or technical measures, while recognising that these may also be insufficient in certain cases.
Inadequacy of the Swiss-U.S. Privacy Shield - Filling the Gaps Around the Federal Data Protection and Information Commissioner's Opinion on Cross-Border Data Transfers to Third Countries
The publication analyses the Swiss Federal Data Protection and Information Commissioner’s finding that the Swiss–U.S. Privacy Shield does not ensure an adequate level of data protection for transfers to the United States. This assessment follows the logic of the Schrems II decision and highlights concerns about insufficient legal remedies and broad access by U.S. authorities to personal data. As a result, Swiss companies must reassess cross-border data transfers and rely on alternative safeguards, such as contractual or technical measures, while recognising that these may also be insufficient in certain cases.
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Rehana Harasgama