After seven years: EU accepts Swiss data protection as equivalent

The European Commission classifies Swiss data protection as equivalent to the EU General Data Protection Regulation (GDPR). The Brussels authorities announced this on Monday. In addition to Switzerland, ten other third countries were given the green light for their data protection.

When assessing data protection equivalence, it concluded that personal data transferred from the EU to Switzerland “remains subject to appropriate data protection safeguards,” the European Commission wrote in a statement.

In addition to Switzerland, Andorra, Argentina, Canada, the Faroe Islands, Guernsey, the Isle of Man, Israel, Jersey, New Zealand and Uruguay also received a positive decision. Data could continue to flow ‘unhindered’ in all these countries and areas, Brussels said.

The European Commission actually wanted to decide much earlier on the equivalence of data protection in Switzerland and other third countries. The reason for this is the new General Data Protection Regulation, which has been in force since May 2016 and has been valid in all EU countries since May 2018 after a transition period.

The fact that it has taken so long for the EU to recognize equivalence has nothing to do with the relationship between Switzerland and the EU, but rather with Austrian lawyer and data protection activist Max Schrems. He had sued the Court of Justice of the EU (ECJ) against the data protection agreements between the EU and the United States.

The Brussels authority wanted to wait for the rulings of the Court of Justice before making a decision on the equivalence of data protection in other countries. This happened in the summer of 2023, so the way was now clear. (sda)