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With the ruling of 16.07.2020, the Privacy Shield was declared invalid with immediate effect as a way of transferring data to the USA.
For companies in Switzerland, this means that an adjustment of the Switzerland-USA Privacy Shield is to be expected soon, whereby alternative possibilities for transfer to the USA must be found. Here, the standard contractual clauses (SCC) are in the foreground which, according to the EU Court of Justice, now require a detailed examination of the circumstances in the recipient country and an overall consideration of the circumstances. It is no longer sufficient to conclude the SCC without taking a closer look at the circumstances of the transfer and examining their impact on the rights and freedoms of the data subjects.
Therefore, the following action is recommended as immediate steps:
- Verification of processors using the Privacy Shield (with our DPMS you can easily check this)
- Conclusion of an alternative transfer option, such as the standard contractual clauses
- Examination of individual cases and documentation of the examination in the cases in which SCC are used
Our team is available at email@example.com to make an appointment for a detailed consultation.