Lexipedia

Adequacy decision

An adequacy decision recognises that a foreign legal system provides sufficient data protection for cross-border disclosures.

An adequacy decision or adequacy recognition allows personal data to be disclosed to a country or organisation without additional transfer safeguards, because its legal framework is considered to provide adequate protection. In Switzerland, adequacy is relevant for international disclosures under data protection law and is assessed at state or framework level. Adequacy does not remove ordinary duties such as transparency, purpose limitation, proportionality and security. If adequacy is absent or limited, organisations must consider safeguards or exceptions and monitor legal or regulatory changes affecting transfers.