Cross-Border Data Flows: FAQs Released For Swiss-U.S. Privacy Shield

For organisations with data flows between the United States and Switzerland, it is now possible to self-certify into the Swiss-U.S. Privacy Shield Framework. This process became available on 12 April 2017. The Swiss-U.S. Privacy Shield will operate in a substantially similar way to the EU-U.S. Privacy Shield. There are, however,  key differences, including: (1) the definition of 'sensitive data' under the Swiss-U.S. Privacy Shield is modified and includes ideological views or activities, information on social security measures, and administrative or criminal proceedings and resulting sanctions (which are treated outside pending proceedings); and (2) the U.S. Department of Commerce is to work with the Swiss Government to incorporate binding arbitration into Annex I of the Swiss-U.S. Privacy Shield Framework.