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Switzerland: Federal Council recognizes certified US companies under Swiss-US DPF offer adequate level of protection

On August 14, 2024, the Swiss Federal Council announced that certified US companies under the new Swiss-US Data Privacy Framework (DPF) offer an adequate level of protection, allowing for the transfer of personal data between Switzerland and certified US companies without additional guarantees.

The Federal Council also announced that a corresponding amendment to the Ordinance on the Federal Act on Data Protection including will enter into force on September 15, 2024. The Federal Council highlighted that the certification for US companies ensures that the required data protection measures and data protection guarantees will be observed, including that:

  • the companies will only be permitted to process the data for the purposes for which it was collected;
  • disclosure to third parties such as non-certified companies is not permitted; and
  • in the event of access by US public authorities to personal data transferred from Switzerland, various safeguards are provided, including access to a redress mechanism.

You can read the press release here, and the adequacy assessment here.