Data Protection in an International Context: What Swiss Companies Need to Know
Cross-border workations and remote setups introduce new data privacy requirements. This article explains how Swiss companies can comply with the revised data protection law (revFADP) and what to consider when employees access company data from abroad. A country-by-country comparison highlights where caution is needed – and how to implement privacy-compliant workation models.
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In an increasingly digitalized working world, data protection is becoming more and more important – especially when employees no longer work from the company office, but temporarily from abroad. For companies that enable workations or allow remote work across national borders, a key question arises: How secure is company data when accessed from outside Switzerland?
Switzerland: A High Standard of Data Protection
Switzerland is internationally regarded as a pioneer in data protection. With the revised Federal Act on Data Protection (revFADP), which came into force on September 1, 2023, the obligations for companies have become even stricter – including expanded information duties, the right to data portability, and stricter requirements for data processing agreements. Swiss data protection law is closely aligned with the EU General Data Protection Regulation (GDPR), creating a level of compatibility for companies operating internationally.
Challenges of Workations and Remote Work
Once employees start working from abroad – whether temporarily as part of a workation or more permanently – the question arises: Is the level of data protection in the destination country comparable to that in Switzerland?
Accessing company data from a third country (non-EU/EEA states) can be legally problematic and requires additional safeguards, such as:
Standard Contractual Clauses (SCCs) for international data transfers
Technical security measures, such as VPNs or two-factor authentication
Clear internal guidelines for data access and storage
How Other Countries Handle Data Protection
A brief overview reveals that while the EU sets a unified and strict standard through the GDPR, other countries vary widely in their approach to data protection:
United States: The U.S. does not have a single federal data protection law. Instead, it relies on sector-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) for healthcare or FERPA for education. Some states, notably California with the California Consumer Privacy Act (CCPA), have enacted stricter frameworks, partially inspired by the GDPR. However, the CLOUD Act raises concerns, as it potentially grants U.S. authorities access to data from U.S.-based companies – even if stored in Europe.
European Union: The General Data Protection Regulation (GDPR) sets high standards for processing personal data. Companies operating in EU member states must comply with these rules, which align closely with data protection expectations in Switzerland.
Australia & Canada: Both countries have sectoral data protection laws and are recognized by the EU as providing an adequate level of protection.
Asia & Latin America: While many countries have introduced data protection regulations, enforcement often remains inconsistent or insufficient.
China: China has established a more comprehensive data protection regime in recent years. The Cybersecurity Law and the Personal Information Protection Law (PIPL) regulate the collection, processing, and transfer of personal data. These laws also apply to foreign companies offering services in China or processing the data of Chinese citizens. However, Chinese authorities retain broad access rights to corporate data, and the legal system does not emphasize individual privacy in the same way as in Europe or Switzerland.
What This Means for Swiss Companies
For companies with remote or internationally mobile employees, data protection must be actively managed. Relying solely on technical tools is not enough – clear processes and compliance frameworks are essential:
Evaluate risks for each workation destination: Is the country considered secure in terms of data protection?
Obtain employee consent: Transparency is key.
Ensure contractual safeguards: Specific clauses are required for data access from third countries.
Use privacy-compliant tools: Swiss or EU-hosted software is often preferable.
Conclusion – Data Protection and Workations: A Matter of Corporate Responsibility
Workations and cross-border remote work offer flexibility and freedom, but also introduce new data privacy challenges. Swiss employers must ensure early on that international data access complies with applicable regulations – and should seek legal advice when in doubt.
At Vamoz, we don’t just support companies with the operational setup of workations – we also help them build data protection-compliant processes, enabling safe, flexible, and legally secure work models.