Swiss FADP Article 16: Principles

1 Personal data may be disclosed abroad if the Federal Council has decided that the legislation of the State concerned or the international body guarantees an adequate level of protection.

2 In the absence of a decision by the Federal Council under paragraph 1, personal data may be disclosed abroad only if an adequate level of data protection is guaranteed by: (a) a treaty under international law; (b) data protection clauses in an agreement between the controller or the processor and its contractual partner, notice of which has been given to the FDPIC beforehand; (c) specific guarantees drawn up by the competent federal body, notice of which has been given to the FDPIC beforehand; (d) standard data protection clauses that the FDPIC has approved, issued or recognised beforehand; or (e) binding corporate rules that have been approved in advance by the FDPIC or by the authority responsible for data protection in a State that guarantees an adequate level of protection.

3 The Federal Council may provide for other suitable guarantees in line with paragraph 2.