On September 8, 2020, the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland opined that the Swiss-U.S. Privacy Shield Framework does not provide adequate protection for data transfers from Switzerland to the United States as required under Switzerland’s Federal Act on Data Protection.  The FDPIC’s Policy Paper can be found here: https://spelusolawoffice.com/wp-content/uploads/2021/02/64261.pdf.

The FDPIC reached its conclusion based upon a rationale similar to that applied by the Court of Justice of the European Union in its decision invalidating the EU-U.S. Privacy Shield Framework.  A discussion of the decision by the Court of Justice can be found here: https://spelusolawoffice.com/2020/07/31/court-of-justice-of-the-european-union-invalidates-the-eu-u-s-privacy-shield-framework/. Interestingly, unlike the Court of Justice, the FDPIC did not limit its opinion solely to data transfers with the United States.