Commentaries: Art. 108f

The personal data stored in ETIAS shall not be transferred to third countries, international organisations, private bodies or natural persons.
However, data may be transferred to third countries in the following cases:
1. by SEM: if this is necessary for the return of a third-country national in an individual case pursuant to Article 65 paragraph 3 of Regulation (EU) 2018/1240¹;
2. by the authorities in accordance with Article 108e paragraph 3: in exceptional cases of urgency where there is an imminent danger associated with a terrorist offence or a serious criminal offence pursuant to Article 65(5) of Regulation (EU) 2018/1240.
Article 110h applies to the disclosure of ETIAS data stored in the CIR*.* ²

See footnote to Art. 5 para. 1 let. a^bis. ↩
Inserted by Annex No 1 of the FD of 16 Dec. 2022 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulations (EU) 2021/1150 and 2021/1152 as regards the establishment of the conditions for accessing other EU information systems for the purposes of the European Travel Information and Authorisation System (ETIAS), in force since 15 June 2025 (AS 2025 349;BBl 2022 1449). ↩

Art. 108f