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Europe’s Data Transfer Laws Continue To Evolve: Switzerland Changes Its Requirements

In November 2015 we told you about the change in requirements mandated by the European Court of Justice (ECJ) for transfer of personal data from the European Union to entities outside the EU, abrogating the “Safe Harbor” agreement between the EU and many countries. Click here for that article.

Data transfer law Ally Law

Switzerland, not party to the EU “Safe Harbor” agreements, had entered a similar agreement with the U.S. in 2008. Although the new ECJ ruling is not binding on Switzerland, the Swiss Federal Data Protection and Information Commissioner recently issued new recommendations relating to data transfer from Switzerland.  Among other requirements, concerned data transferors will have to agree with the U.S. receiver of the data on contractual warranties for the protection of the data and to ensure the rights of the concerned data subjects.  The U.S. receiver of data bears specific information duties to the concerned data subjects with regard to possible access to the data by government authorities, in addition to other safe-guarding obligations.  This new recommendation of the Commissioner has been heavily criticized as it goes beyond the new ECJ requirements.

Consult an attorney at an Ally Law member firm if you are involved in data transfer from one country to another. Data transfer laws are evolving rapidly and vary greatly from country to country; what is legal in one jurisdiction may be illegal in another.  An Ally Law member firm will guide you through legally-compliant, efficient methods of data transfer.  For more information about our services in this area, contact us at yourally@ally-law.com.

For the complete article, click here.

By Blum&Grob Attorneys at Law Ltd.