Review your content’s performance and reach.
Become your target audience’s go-to resource for today’s hottest topics.
Understand your clients’ strategies and the most pressing issues they are facing.
Keep a step ahead of your key competitors and benchmark against them.
add to folder:
Questions? Please contact [email protected]
Authored by: K Royal, technology columnist for www.AccDocket.com, and vice president, associate general counsel of privacy, and compliance/privacy officer at CellTrust Corp.
This article was published as part of ACC’s “This Week in Privacy” series, a new column for in-house counsel who need advice in the privacy and cybersecurity sectors.
Question:
Do the Swiss have the same cross-border data transfer requirements as the European Union?
Answer:
Actually, the two are very similar. Switzerland has requirements for transferring data across borders much like the European Union does. Article 6 of the Swiss Data Protection Act (FADP) states that “personal data may not be transferred abroad if to do so might seriously jeopardize the personality rights of the data subject, in particular in cases when there is no legislation that can guarantee an appropriate level of protection.”
The FADP goes on to clarify that if legislation is not in place that provides appropriate protection, personal data may be transferred abroad only under the following circumstances:
The Swiss have published a list of countries that categorize data protection as sufficient, sufficient under certain conditions, and insufficient. It is not surprising that the countries match those of the EU adequacy determinations along with the US-Swiss Privacy Shield. US companies can now self-certify to the Shield, which replaces the former US-Swiss Safe Harbor Agreement.
The Swiss website provides a template cross-border processing agreement. Additionally, the Swiss permit the EU model contract clauses to be used as long as they are modified “to extend protection to the personal data of legal entities and personality profiles.”
For further reading, download ACC’s White Paper on “What Every GC Needs to Know About Third Party Cyber Diligence.”
The Association of Corporate Counsel (ACC) is a global legal association that promotes the common professional and business interests of in-house counsel who work for corporations, associations and other private-sector organizations through information, education, networking opportunities and advocacy initiatives. With more than 45,000 members in 85 countries, employed by over 10,000 organizations, ACC connects its members to the people and resources necessary for both personal and professional growth. By in-house counsel, for in-house counsel.®
add to folder:
If you would like to learn how Lexology can drive your content marketing strategy forward, please email [email protected].
© Copyright 2006 – 2022 Law Business Research