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Do you know how to frame the transfers of Personal Data under the Swiss Data Protection Legislation?
- March 13, 2025
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The Federal Act on Data Protection ‘FADP’ recognizes different transfer mechanisms, including standard contractual clauses approved or recognized by the DPA. However, the Swiss authorities haven’t formally approved a Swiss instrument; instead, the Federal Data Protection and Information Commissioner (‘FDPIC’) allows for the use of the EU Commission’s standard contractual clauses (‘EU SCCs’), provided that they are adapted and/or supplemented as necessary for their application to the FADP in accordance with the provisions set out in its guidance on “The transfer of personal data to a country without an adequate level of data protection based on standard data protection clauses in accordance with …letter d FADP”.
But we already knew that. So what is new?
In a recent version of this guidance, the FDPIC has added new model clauses that can be used for the international transfers of personal data in addition to the EU SCCs, these are the Model Contractual Clauses for the Transfer of Personal Data (MCCs) in accordance with Art. 14(3)(b) of the modernised Council of Europe Convention 108 (‘C108+’).
These MCCs are also grouped into modules which have been adopted in stages:
- Module 1, which relates to Data transfers from a controller in a state party to another controller in a non-state party was adopted in June 2023.
- Module 2, which covers Data transfers from a controller in a State Party to a processor in a non-State Party, was adopted in November 2023.
- Module 3, which covers Data transfers from one processor to another processor, was adopted in June 2024.
The FDPIC now recognises all of these modules as a valid mechanism for transfers under Art. 16(2)(d) FADP.
At MyData-TRUST, we specialise in privacy and Data Protection services for the Life Sciences industry, offering a unique service that combines scientific, legal and IT expertise, constantly monitoring relevant changes in legislation to provide quality services to our clients. If you have any questions about international data transfers or any other aspect of Data Protection compliance, please don’t hesitate to contact us.
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