Commentaries: Art. 102c

Personal data may be disclosed to third countries only 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 that country in the following cases:
1. the person concerned has given their consent in accordance with Article 6 paragraph 6 and if applicable paragraph 7 FADP;
2. the disclosure is required to protect the life or physical integrity of the person concerned and it is not possible to obtain the person’s consent within a reasonable time; or
3. the 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.
The data obtained from the Eurodac database may not be transmitted under any circumstances to:
1. a state that is not bound by any of the Dublin association agreements;
2. international organisations;
3. private entities.⁴

SR 235.1 ↩
Amended by Annex 1 No II 5 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 5 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 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323;BBl 2014 2675). ↩

Art. 102c