Impact Of Swiss Privacy Shield Inadequacy Decision

In a much anticipated ruling, this month the Swiss Data Protection Authority concluded that the EU-US Swiss Privacy Shield was no longer an adequate method for transferring personal information from Switzerland to the US. In reaching this decision, the Swiss data protection authority agreed with the recent, similar, EU decision of inadequacy. Like the EU, Switzerland anticipates those transferring personal information from Switzerland to the US to rely on standard contractual clauses. However like the EU, Switzerland cautions that companies should assess "on a case-by-case basis" whether the recipient provides sufficient protection.

The policy paper from the Swiss authority provides not only a list of factors that Swiss companies can take when determining whether to transfer data to the US, but also outlines the interplay between Swiss and EU laws (keeping in mind, of course, that Switzerland is not a member of the EU). Noting that Switzerland is not bound to the re