On 27th August 2021, the Swiss Data Protection Commissioner (FDPIC) recognized the EU’s 2021 Standard Contractual Clauses (SCCs) as a valid basis for personal data transfers from Switzerland to a country without an adequate level of data protection. Note that USA is one of these countries.
There are several SCCs. This is undoubtedly a complex topic.
When considering a transfer of personal data outside the EEA, you need to:
- Determine what type of transfer it is (e.g. controller to controller or controller to data processor, …). To do this, it is essential to know your role and responsibilities. The DPO can help you to clarify this aspect.
- The DPO can provide you with the template of the SCCs according to your role in the data transfer and that of your contractor.
Please find here the explanations by the FDPIC.