FADP Articles 16-17, Cross-Border Transfer of Personal Data from Switzerland

Federal Act on Data Protection (nFADP / revDSG / nLPD), SR 235.1, Art. 16-17

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In force since 1 September 2023.

A cross border transfer rule binding public and private bodies.

As of 24 August 2026.

What it requires

Rely on the Federal Council's adequacy list, standard contractual clauses with the Swiss-law addendum, binding corporate rules, or a narrow Article 17 derogation before moving personal data of a person in Switzerland outside an adequate jurisdiction.

What this law does

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Transfer abroad is permitted without extra safeguards to a state or international body the Federal Council has found provides an adequate level of protection, a maintained list that includes the EU and EEA states.

Absent adequacy, a transfer needs a safeguard: standard contractual clauses, the EU SCCs work with a Swiss-law addendum, binding corporate rules, or one of the narrower Article 17 derogations, explicit consent, contract necessity, overriding public interest, life or safety, or transfer of data from a public register. This is structurally the General Data Protection Regulation (GDPR) Chapter V mechanism, adequacy or safeguards or a derogation, not a hard localization duty.

The European Commission's own adequacy decision for Switzerland was reconfirmed 15 January 2024, covering the post-revision regime, and Switzerland's own Federal Council lists the EU and EEA as adequate for outbound transfers, so the relationship is adequate in both directions.

When LexLint raises it

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Read the law

Fedlex, the Swiss Federal Council's official legislation portal
Federal Office of Justice, Swiss-EU adequacy page

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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