Commentaries: Art. 111d

Personal data may only be disclosed to third countries if they guarantee an adequate level of data protection in accordance with Article 16 paragraph 1 FADP¹.²
If a third country fails to guarantee an adequate level of data protection, personal data may be disclosed to this country in the following cases:
1. the data subject has given their consentin accordance with Article 6 paragraph 6 and if applicable paragraph 7 FADP;
2. disclosure is required to protect the life or physical integrity of the data subject and it is not possible to obtain consent within a reasonable time; or
3. disclosure is required to safeguard overriding public interests or to establish, exercise or enforce legal rights in a court or before another competent foreign authority.³
In addition to the cases mentioned in paragraph 2, personal data may also be disclosed if in specific cases adequate guarantees ensure appropriate protection of the person concerned.
The Federal Council shall determine the extent of the guarantees required and the modalities for providing the guarantees.
…⁴

SR 235.1 ↩
Amended by Annex 1 No II 4 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491;BBl 2017 6941). ↩
Amended by Annex 1 No II 4 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491;BBl 2017 6941). ↩
Inserted by Annex No 1 des BB of 26. Sept. 2014 (Adoption of R [EU] No 603/2013 establishing Eurodac and the amendment to R [EU] No 1077/2011 establishing the IT Agency) (AS 2015 2323;BBl 2014 2675). Repealed by Annex 1 No 1 of the FD of 19 March 2021 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulations (EU) 2019/817 and (EU) 2019/818 on Establishing a Framework for Interoperability between EU Information Systems, with effect from 15 June 2025 (AS 2025 347;BBl 2020 7983). ↩

Art. 111d