The Swiss Invalidate Their Safe Harbor Agreement with the U.S.


The Swiss Federal Data Protection and Information Commission (FDPIC) released, on 22 October 2015, a press release stating that until a new agreement can be reached between the US and Switzerland, the US-Swiss Safe Harbor can no longer be considered a valid mechanism for data transfer, in light of the Court of Justice of the European Union’s (CJEU) decision in Maximillian Schrems v. Data Protection Commissioner (Case C-362/14). The FDPIC advised that, in the meantime, companies should take steps to put in place model contract clauses when transferring data to the US. Further to the recent Article 29 Working Party statement, on 16 October 2015, the FDPIC additionally stated that companies should take such necessary measures by the end of January 2016.

 

Source: Data Guidance

Original press release (in French): http://www.edoeb.admin.ch/datenschutz/00626/00753/00970/01320/index.html?lang=fr

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