The Swiss Federal Data Protection and Information Commissioner (hereinafter “FDPIC”) has reassessed the data protection conformity of the Swiss-US Privacy Shield regime (hereinafter “the regime”). He thereby considered the recent ruling on data protection by the Court of Justice of the European Union (CJEU) in the case Facebook Ireland and Schrems (Case C-11/18 of 16 July 2020).

 In his assessment, the FDPIC concluded that although the regime would guarantee special protection rights for persons in Switzerland, it would not provide an adequate level of protection for data transfers from Switzerland to the US pursuant to the Swiss Federal Act on Data Protection (FADP). As a result of this assessment, which is based on Swiss law, the FDPIC has deleted the reference to “adequate data protection under certain conditions” for the US in the FDPIC’s list of countries.