Data Transfer Agreement Switzerland

While it is in principle possible that an access request could also be rejected for abuse of rights, the federal court, according to the former DSG, has set the bar relatively high for such denials. A client of a Swiss bank attempted to obtain through an access request a copy of the bank`s client bank notes in order to assess the chances of a right to civil liability. The Tribunal did not consider this to be an abusive request; since it was carried out not only for the purpose of shipping catches, but also to enable the data subject to verify the accuracy of the personal data stored (DFC 138 III 425). The decision resulted in an increase in what would generally be considered a request for abusive access to preliminary findings or for harassment purposes. These requests are usually successful in court as long as the data subjects can at least claim that the access request was also made for data protection purposes, which is usually possible without any problems. It remains to be seen whether the above exception for “manifestly unfounded” requests will limit these “Discovery” requests. (f) at the request of the data exporter to present its data processing facilities with a view to examining the processing activities covered by the clauses, carried out by the data exporter or by a regulatory body composed of independent members and possessing the required professional qualifications and subject to an obligation of confidentiality chosen by the data exporter, where appropriate in agreement with the supervisory authority; The revised DPA does not contain any specific provisions regarding the processing of personal data relating to children. Indeed, the Swiss Civil Code grants children who can be judged (which is normally the case at the age of 13) more rights to decide on their own data protection rights than under the GDPR. Therefore, cross-border transfers to the United States must rely on other safeguards, such as standard contractual clauses. Where appropriate, standard contractual clauses should be supplemented and technical measures implemented (for more information here). .

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