Swiss-U.S. Data Privacy Framework Found to Provide Secure Exchange of Personal Data
Why This Story Matters:
In August 2024, the Swiss Federal Council decided the Swiss-U.S. Data Privacy Framework (DPF) allows for the secure exchange of personal data between Switzerland and certified companies in the United States and issued an adequacy decision to allow personal data to be transferred from Switzerland to certified U.S. companies without additional safeguards.
Swiss-U.S. Data Privacy Framework (DPF) Decision
On August 14, 2024, the Swiss Federal Council decided the Swiss-U.S. Data Privacy Framework (DPF) allows for the secure exchange of personal data between Switzerland and certified companies in the United States and added the U.S. to the list of countries with adequate levels of data protection, according to a press release from the Swiss Federal Council.
“The new Data Privacy Framework between Switzerland and the USA provides adequate protection for the transfer of personal data to certified U.S. companies. The Swiss-U.S. Data Privacy Framework will permit personal data to be transferred from Switzerland to certified companies in the USA without any additional guarantees,” the press release explained.
“The certification for U.S. companies ensures that the required data protection measures and data protection guarantees will be observed. In particular, the companies will only be permitted to process the data for the purposes for which they were collected. Disclosure to third parties such as non-certified companies is not permitted,” the press release stated.
Since the Swiss-U.S. DPF took effect in September 2023, personal data may be transferred abroad without additional guarantees if the recipient country has an adequate level of data protection. The Swiss Federal Council decides which countries meet this requirement and publishes a binding list of these countries in the Data Protection Ordinance.
What Is The Data Privacy Framework (DPF)?
In July 2023, the Data Privacy Framework (DPF) was launched to replace the invalidated Privacy Shield Framework and provide U.S. based organizations with reliable mechanisms for personal data transfers from the European Union (EU) to the United States. Versions of the DPF for the United Kingdom (UK) and Switzerland (Swiss) were added later in that year.
The EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF were developed by the U.S. Department of Commerce and the European Commission, the UK Government, and the Swiss Federal Administration. The DPF program enables eligible U.S.-based organizations to self-certify their compliance with the International Trade Administration.
The DPF Principles that a U.S.-based organization is required to comply with for certification include the seven Main Principles of 1.) Notice, 2.) Choice, 3.) Accountability for Onward Transfer, 4.) Security, 5.) Data Integrity and Purpose Limitation, 6.) Access, and 7.) Recourse, Enforcement, and Liability. In addition, the DPF Principles also include 16 Supplemental Principles.
To participate in the DPF program, a U.S.-based organization is required to self-certify and publicly commit to comply with the DPF Principles available at DataPrivacyFramework.gov. While the decision to self-certify is voluntary, effective compliance upon self-certification is compulsory. Once an organization self-certifies, that commitment is enforceable under U.S. law.
ClearStar Complies With The Data Privacy Framework (DPF)
ClearStar – a global workforce screening company – has certified compliance with the Data Privacy Framework (DPF). In April 2024, the U.S. Department of Commerce’s International Trade Administration (ITA) certified ClearStar’s compliance with the DPF program. This certification – which can be viewed at DataPrivacyFramework.gov/List – shows ClearStar complies with:
- The EU-U.S. DPF with regard to the processing of personal data received from the European Union (EU).
- The UK Extension to the EU-U.S. DPF with regard to the processing of personal data received from the United Kingdom (UK) and Gibraltar.
- The Swiss-U.S. DPF with regard to the processing of personal data received from Switzerland (Swiss).
The “Purpose of Data Collection” section in the ClearStar profile on the DPF website states: “ClearStar processes the personal information of customers and data subjects to fulfill background screening requests that have been ordered by customers. Our customers may be employers, other background screening companies, housing providers, or the data subject.”
ClearStar Provides Critical Hiring Information On A Global Scale
Today’s workforce is not constrained by countries or borders. ClearStar offers global background checks to provide critical hiring information on a global scale. Multinational companies rely on ClearStar’s expertise to screen their employees all over the world. ClearStar helps employers with workers who have lived abroad or with workers in other countries.
- Data Privacy Framework (DPF) compliance.
- Industry-first General Data Protection Regulation (GDPR)-ready, “globally-native” platform.
- Adapts to local ID numbers, time zones, addresses, names, and more.
- Unique platform architecture is portable, removing data residency barriers.
- More than 2,000 searches available in over 230 countries.
- Direct access to a detailed library of ordering and support documents.
- Fully credentialed provider network, subject to ongoing reputational and sanctions screening.
- Single integration point supports both in-U.S. and in-country ordering.
ClearStar – a global workforce screening company specializing in background checks, drug testing, and occupational health services – has certified compliance with the EU-U.S. DPF Principles, the UK Extension to the EU-U.S. DPF Principles, and the Swiss-U.S. DPF Principles necessary for global background checks. To learn more about ClearStar, please contact us.
© 2024 ClearStar. All rights reserved. – Making copies of or using any part of the ClearStar website for any purpose is prohibited unless written authorization is first obtained from ClearStar. ClearStar does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
Let's start a conversation
At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
