Switzerland's DPA Concludes That Swiss-US Privacy Shield Does Not Provide Adequate Level Of Protection

The fallout from the Schrems II judgment continued on Tuesday with an announcement from Switzerland's Federal Data Protection and Information Commissioner (FDPIC) that the Swiss-US Privacy Shield regime "does not provide an adequate level of protection for data transfer from Switzerland to the US pursuant to [Switzerland's] Federal Act on Data Protection (FADP)."

In a seven-page policy paper, the FDPIC observed that although Switzerland is not bound by the CJEU's Schrems II decision and there is no comparable Swiss legal decision, it nonetheless felt "compelled not only to reassess the current position of the US on" Switzerland's list of countries with adequate data protections, "but also to provide more detailed legal justification for" its decision to amend that list with respect to the US.