Switzerland foresees risks in potential US Cloud Act executive agreement for its data adequacy

Urs Maurer-Lambrou of Maurer Law Offices reports from Switzerland on the opinion of the Federal Office of Justice on the US Cloud Act.

The Swiss Federal Office of Justice (FOJ) in the Federal Department of Justice and Police published a report on the US Cloud Act on 17 September 2021. The 51-page report focuses mainly on the public sector and the area of mutual legal assistance. In addition, there are interesting investigations into the legal nature of the US Cloud Act and its compatibility with European and Swiss data protection law from the perspective of the Federal Office of Justice. whether Switzerland could solve the problems internally with an Executive Agreement with the US or not is also considered and the opinion explains what effects such an agreement could have in relation to the EU/EEA member states.

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