“27.08.2021 – In its statement of 27 August 2021, the FDPIC recognises the standard contractual clauses for the transfer of personal data to third countries in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (pursuant to Implementing Decision 2021/914/EU) as the basis for personal data transfers to a country without an adequate level of data protection, provided that the necessary adaptations and amendments are made for use under Swiss data protection law.
The following explanations show which adaptations and amendments must be made. The standard contractual clauses pursuant to the European Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council (2010/87/EU), the Swiss Transborder Data Flow Agreement (for outsourcing of data processing) of November 2013 and Council of Europe model contract to ensure equivalent protection in the context of cross-border data flows can still be notified until 27 September 2021 and continue to be used during a transitional period until 31 December 2022. ”
The transfer of personal data to a country with an inadequate level of data protection based on recognised standard contractual clauses and model contracts (PDF, 303 kB, 27.08.2021):
More information about transborder data flows: