Can Personal Data Freely Cross Borders - Or Are There Limitations?

Part 11 of our series on data protection law in Switzerland

In this part of our series, we explore the rules on the cross-border transfer of personal data under the Federal Act on Data Protection (FADP).

Transfers to an adequate country

Pursuant to Art. 16(1) FADP, personal data may be disclosed cross-border if the Federal Council has decided that the legislation of the State concerned or the international body guarantees an adequate level of protection. The list of adequate countries can be found in Annex 1 of the Ordinance on Data Protection (DPO)¹. As of 15 September 2024, this list has been extended to include the United States. This means that personal data may be transferred to U.S. companies certified under the Swiss-U.S. Data Privacy Framework.