Commentaries: Art. 355a

fedpol and the Federal Intelligence Service (FIS) may pass on personal data, including sensitive personal data to the European Police Office (Europol).¹
The passing on of such data is subject in particular to the requirements of Articles 3 and 10–13 of the Agreement of 24 September 2004²between the Swiss Confederation and the European Police Office.
At the same time as passing on data, the Federal Office of Police shall notify Europol of the purpose for which the data is provided as well as of any restrictions with regard to its processing to which it is itself subject in accordance with federal or cantonal legislation.
The exchange of personal data with Europol is regarded as equivalent to an exchange with a competent authority of a Schengen State (Art. 349b ).³

Amended by Annex 2 No 1 of the FedD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the Legislation on the Establishment, Operation and Use of the Schengen Information System (SIS), in force since 1 Sept. 2023 (AS 2021 365; 2022 491;BBl 2020 3465). ↩
SR 0.360.268.2 ↩
Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625;BBl 2017 6941). ↩

Art. 355a