Germany: Switzerland relies on MS 365 nationwide – is Germany too strict with data protection?!

 

Do you remember our post on the current statement by the DSK, in which the use of MS 365 is currently not possible in accordance with data protection?

Switzerland obviously has fewer problems with this, because it has now been decided to migrate the new Office version for the federal administration. After a thorough legal, organizational and technical review, it was concluded that there were no objections to the introduction of the new, cloud-based (!) MS 365 version if certain TOMs were complied with. At the same time, alternative open source services are also being examined, but a conversion is currently judged to be too risky and time-consuming.

This contraire assessment of Switzerland is particularly interesting because the EU has an adequacy decision for Switzerland as a third country – and it can be assumed that the upcoming revision of its data protection law will also remain in place accordingly.

The fact that data protection can be understood so differently by countries with the same level of data protection also shows the scope that companies can make good use of when interpreting the GDPR. The justification makes the music.

By the way: The new Bitkom survey on the GDPR and international data transfers in the German economy, by the way, showed that 61% of those surveyed said “that we overdo it in Germany with data protection” (ZD-Aktuell 2022 , 01404). Quod erat demonstrandum!

 

For further information, please contact:

Diane Frank, Partner

SCHMID FRANK, Augsburg

e: diane.frank@schmid-frank.de

t: +49 (0)1578 90 333 60

 

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