Brussels is about Equivalence – EU shows Goodwill, data security, chances are good that the EU-Commission on 10. June the statement of Equivalence for the Swiss data protection renewed despite a delay in the Parliament.Stephan Israel, Brussels, Luca De Carli0 comment without a statement of Equivalence could save companies, there are no data of EU citizens in Switzerland, or process. A data center in Switzerland.Photo: Valerie Chetelat
no, a reissue of the Trouble with the recognition of Equivalence for the stock market is not to be expected. The EU Commission is expected on may 10. June or a week later, the so-called adequacy decision for the Swiss data protection renew. So it is signal to EU circles in Brussels. The new Equivalence is needed because the EU has adapted two years ago your privacy law in the Internet age. Brussels would take note that the Autonomous re-enactment of the more modern EU-rules in Switzerland, after delays, in the meantime, in a good way.
The EU Commission have examined whether, in Switzerland, a comparison of shear level at the data protection Commissioner, said in Brussels. The new EU data protection regulation strengthens in comparison to the old rules from the 90’s-years the rights of citizens to authorities and companies is similar, it is now also in the Swiss Revision. The level of protection must be comparable, but not identical. Link with the institutional framework of the agreement was not a topic, say it in Brussels. It was considered until recently, whether the decision on Adequacy is to be provided with a Reservation or a special review clause, because the Federal audit is still not advised finished, and possibly a Referendum for a further delay could be. Unlike the stock exchange, equivalence, this time do not expect any politically motivated criminal action.
the game
The European Commission had in July 2019, the statement of Equivalence for the stock to expire, although the technical Review of the Swiss rules at the expert level, had not provided any arguments against an extension. The Federal Council had fought back in vain against the Swiss point of view, arbitrary and political link with the framework agreement. However, it is at the discretion of the EU Commission, third States, to grant the equivalence decisions, or to escape again. The adequacy decision for the Swiss data protection rules more economically than those in the stock market. Without Equivalence, companies can transfer any personal or customer data from the EU to Switzerland or process. The EU companies but also from the member States damage the seats in Switzerland, subsidiaries, or Group.
After nine years of work could be the law coming into force next year.
Also plays a role in the case of the positive decision on data protection in the very different environment. Since the beginning of the Corona-crisis, Switzerland sits in the case almost all Decide at the table if the EU is to combat the pandemic. The good cooperation which had rubbed off on the bilateral climate, it is called unison. Currently, pragmatism is called for. Both sides had become in the Corona-crisis clear that one is dependent on each other. The EU is to avoid any provocations, to show Goodwill and have pushed all of the dispute issues for the time being, the page that had nothing to do with the Corona-crisis. Anyway not could be hard to argue with that, which is why the EU would attest to Japan, the Equivalence in data protection, Switzerland. Switzerland and Japan belong to the dozen or so countries for which adequacy decisions reviewed by the EU Commission in the last few months.
the Revision of the data protection act is being worked on in Switzerland for almost nine years. First, the administration had delayed the project, and then the Parliament. This it has even now not in a hurry. On Tuesday, the first day of the summer session, advises the Council of States for the second Time on the Revision of the data protection. Although the chambers are only a few differences exist, the law then in the autumn session in the national Council. Adjusted the template should be at the earliest the end of September. Into force of the new law could take effect next year.
Referendum is likely to
Since the SVP is opposed to the Revision, in principle, a Referendum is likely. The other parties are in favour of the principle. Clarified, in particular, still dealing with the Profiling has to be between them. In concrete terms, what are the possibilities of users inside and users of Online-services have to defend themselves against the creation of personality profiles.
The national Council spoke out so far for a scheme that protects users worse than the current law from the 1990s. He should enforce it, to threaten the left-wing parties to leave the bill in the final vote will fall. However, the competent Commission of the Council of States has developed at its last meeting in may a proposal for a compromise. As the Federal office of justice confirmed, on request, will remain with this proposal, the current level of protection is broadly respected and is adapted to the modernized data processing methods.
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