Fox Rothschild LLP

The U.S. Department of Commerce (DoC)has updated its Frequently Asked Questions piece on the Swiss-U.S. Privacy Shield to address questions raised by the the Schrems II decision regarding the EU-U.S. Privacy Shield.

Key takeaways:
  • The court’s decision does not relieve participants in the EU-U.S. Privacy Shield of their obligations under the EU-U.S. Privacy Shield Framework.
  • The Swiss-U.S. Privacy Shield Framework remains a valid mechanism to comply with Swiss data protection requirements when transferring personal data from Switzerland to the United States.
  • The DoC and Federal Trade Commission continue to administer the framework and to expect companies to comply with their ongoing obligations with respect to transfers made under the Privacy Shield Framework.
  • Organizations’ continued participation in the EU-U.S. Privacy Shield demonstrates a serious commitment to protect personal information in accordance with a set of privacy principles that offer meaningful privacy protections and recourse for EU individuals.
  • If you have any questions or for help determining the most appropriate data transfer mechanism for an organization, please contact the European Commission, the appropriate European national data protection authority or legal counsel.

Detailed FAQ from the Commerce Department.

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