Rs 0.235.11 Additional Protocol Of 8 November 2001 To The Convention On The Protection Of Individuals With Respect To The Automated Treatment Of The Personal Data Regarding Supervisory Authorities And Cross-Border Data Flows

Original Language Title: RS 0.235.11 Protocole additionnel du 8 novembre 2001 à la Convention pour la protection des personnes à l’égard du traitement automatisé des données à caractère personnel concernant les autorités de contrôle et les flux transfrontières de données

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0.235.11 original text additional protocol to the Convention for the protection of individuals against the automated processing of personal data regarding supervisory authorities and cross-border flows of data concluded in Strasbourg on 8 November 2001, approved by the Federal Assembly on 24 March 2006, Instrument of ratification deposited by Switzerland on 20 December 2007 entered into force for Switzerland on April 1, 2008 (Status January 25, 2012) preamble the Parties to the present Additional Protocol to the Convention for the protection of individuals with respect to the automated treatment of the personal data, opened for signature in Strasbourg, on 28 January 1981, (hereinafter referred to as 'the Convention'), convinced that control authorities exercising their functions in all India-independence are an element of the effective protection of persons against the treatment of the personal data , considering the importance of the flow of information between peoples, considering that, with the intensification of exchanges of personal data personal across borders, it is necessary to ensure the effective protection of the rights of man and fundamental freedoms, and, including the right to respect for private life in relation to such exchanges, agreed to the following : Art. 1 supervisory authorities 1. Each Party shall provide that one or more authorities are responsible for ensuring compliance with the measures giving effect, in its internal law, to the principles set out in chapters II and III of the Convention and in this Protocol.
2A. For this purpose, these authorities have particularly to investigative and intervention, as well as to institute legal proceedings or bring to the attention of the competent judicial authority for violations of the provisions of domestic law giving effect to the principles referred to the by. 1 of art. 1 of this Protocole.b. Each control authority may be seized by any person of an application for the protection of his rights and freedoms with respect to the treatment of personal data within its competence.

3. the supervisory authorities exercise their functions independently.
4. decisions of the supervisory authorities adversely affecting may subject to a judicial remedy.
5. According to the provisions of chapter IV, and without prejudice to the provisions of art. 13 of the Convention, the supervisory authorities cooperate with each other to the extent necessary for the performance of their tasks, including exchanging all useful information.

Art. 2 cross-border flows of personal data to a recipient not subject to the jurisdiction of a party to the Convention 1. Each Party shall provide that the transfer of personal data to a recipient subject to the jurisdiction of a State or of an organization that is not party to the Convention cannot be performed if that State or that organization ensures an adequate level of protection for the considered transfer.
2. by way of derogation to the by. 1 of art. 2 of this Protocol, each party may authorize a transfer of personal data: a. If the internal law:-for the specific interests of the person concerned, or - when legitimate interests prevail, especially important public interests, or b. If safeguards including resulting from contractual clauses are provided by the person responsible for the transfer , and are considered sufficient by the competent authorities, in accordance with domestic law.

Art. 3 provisions finals January 25, 2012 1 scope. The Parties consider the provisions of the art. 1 and 2 of this Protocol as additional articles to the Convention, and all the provisions of the Convention shall apply accordingly.
2. the present Protocol is open for signature by States signatories to the Convention. After joining the Convention under the conditions established by the Commission, the European communities may sign this Protocol. This Protocol is subject to ratification, acceptance or approval. A signatory to this Protocol can ratify it, accept, or approve it without having previously or simultaneously ratified, accepted or approved the Convention or there have adhered. The instruments of ratification, acceptance or approval of this Protocol shall be deposited with the Secretary General of the Council of Europe.
3A. This Protocol shall enter into force the first day of the month following the expiration of a period of three months after the date on which five of its signatories have expressed their consent to be bound by this Protocol in accordance with the provisions of art. 3 by. 2.b. For any signatory of the present Protocol which subsequently expresses its consent to be bound by it, the present Protocol will enter into force the first day of the month following the expiration of a period of three months after the date of the deposit of its instrument of ratification, acceptance or approbation.4. a. after the entry into force of this Protocol, any State which has acceded to the Convention may accede also to this Protocole.b. Membership will be made by filing, by the Secretary General of the Council of Europe an instrument of accession which will take effect the first day of the month following the expiration of a period of three months after the date of his depot.5. Any party may, at any time, denounce this Protocol by notice to the Secretary General of the Council of the Europe.b. The denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

6. the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe, the European communities and any State which has acceded to this Protocol: a. any signature; b. the deposit of any instrument of ratification, acceptance or approval; c. any date of entry into force of this Protocol in accordance with his art. 3; d. any other Act, notification or communication relating to this Protocol.

In faith of what, the undersigned, duly authorized to that effect, have signed this Protocol.
Done at Strasbourg, 8 November 2001, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will be communicated certified copy to each of the Member States of the Council of Europe, the European communities and any State invited to accede to the Convention.
(Follow signatures)

Application scope 25 January 2012 States parties Ratification entry into force Albania February 14, 2005 June 1, 2005 Germany * March 12, 2003 July 1, 2004 Andorra 6 May 2008 September 1, 2008 Austria April 4, 2008 August 1, 2008 Bosnia and Herzegovina 31 March 2006 1 July 2006 Bulgaria July 8, 2010 November 1, 2010 Cyprus 17 March 2004 1 July 2004 Croatia June 21, 2005 October 1, 2005 Spain * June 3, 2010 October 1, 2010 Estonia 28 July

2009 1 November 2009 France May 22, 2007 September 1, 2007 Hungary may 4, 2005 September 1, 2005 Ireland may 5, 2009 September 1, 2009 Latvia November 21, 2007 March 1, 2008 Liechtenstein January 28, 2010 may 1, 2010 Lithuania 2 March 2004 1 July 2004 Luxembourg 23 January 2007 may 1, 2007 Macedonia September 26, 2008 January 1, 2009 Moldova September 28, 2011 January 1, 2012 Monaco December 24, 2008 January 1, 2009 Montenegro, on March 3, 2010 1 July

2010 Netherlands September 8, 2004 January 1, 2005 part Caribbean (Bonaire, Sint Eustatius and Saba) October 10, 2010 October 10, 2010 Poland July 12, 2005 November 1, 2005 Portugal January 11, 2007 may 1, 2007 Czech Republic September 24, 2003 July 1, 2004 Romania 15 February 2006 1 June 2006 Serbia December 8, 2008 April 1, 2009 Slovakia July 24, 2002 July 1, 2004 Sweden November 8, 2001 July 1, 2004 Switzerland, on December 20, 2007 1 April 2008 Ukraine 30 September 2010 January 1, 2011 * reservations and declarations. Reservations and declarations are not published to the RO. Texts in french and English will be available at the address of the Council of Europe website: http://conventions.coe.int or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

For the Kingdom in Europe.

2008 731 RO; FF 2003 1915 RO 2008 729 RS 0.235.1 RO 2008 735, 2010 597, 2012 619. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

Status as of January 25, 2012

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