October 24, 2021

Volume XI, Number 297

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October 22, 2021

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October 21, 2021

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Swiss DPA Recognizes the New EU Standard Contractual Clauses

On August 27, 2021, the Federal Data Protection and Information Commissioner (“Swiss DPA”) announced that the new EU Standard Contractual Clauses (the “SCCs”) may be relied on to legitimize transfers of personal data from Switzerland to countries without an adequate level of data protection, provided that the necessary amendments and adaptations are made for use under Swiss data protection law.

The Swiss DPA also published a guidance document to help companies make the necessary amendments and adaptations to the SCCs. The guidance, for example, assists companies in determining whether the EU General Data Protection Regulation (“GDPR”) and/or Swiss data protection law should govern the data transfers.

The new SCCs must be used in Switzerland for any new contract as of September 27, 2021, and implemented in existing contracts that incorporate the old SCCs by January 1, 2023 (for companies subject to the GDPR, the date of implementation is December 27, 2022).

When using the SCCs in Switzerland, companies are not required to notify the Swiss DPA for validation, which is required for other transfer agreements.

Read the Press Release and Guidance.

Copyright © 2021, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XI, Number 250
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About this Author

In today’s digital economy, companies face unprecedented challenges in managing privacy and cybersecurity risks associated with the collection, use and disclosure of personal information about their customers and employees. The complex framework of global legal requirements impacting the collection, use and disclosure of personal information makes it imperative that modern businesses have a sophisticated understanding of the issues if they want to effectively compete in today’s economy.

Hunton Andrews Kurth LLP’s privacy and cybersecurity practice helps companies manage data and...

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