of 15 September 2024
Model complaint form for the submission of complaints in connection with commercial aspects of the Swiss-USA Data Privacy Framework to the Federal Data Protection and Information Commissioner (FDPIC)
Model complaint form for the submission of complaints in connection with commercial aspects of the Swiss-USA Data Privacy Framework to the Federal Data Protection and Information Commissioner (FDPIC)
Preliminary remarks
There are several options available to you for filing a complaint regarding a participat-ing organization's compliance with the DPF Principles:
1. Contacting the participating organization
Many questions or concerns can be clarified most quickly by contacting the certified organization directly. For this reason, you should contact the organization first. The relevant contact address can be found on the Data Privacy Framework List, by entering the name of the organization in the search bar, clicking on the name of the organization and then going to the “Dispute Resolution” section for the organization. The participating organization must reply to you within 45 days.
2. Free independent complaints mechanism
Ifyour question or concern cannot be resolved by contacting the participating organi-zation directly, you can submit a complaint to the independent complaints bodies des-ignated by the participating organization. The contact details of the relevant independ-ent complaints bodies can be found in the "Dispute Resolution" section of the organi-zation's DPF list referred to above.
An organization may also meet the requirements relating to independent complaints mechanisms by undertaking to cooperate with the FDPIC.
3. Contacting the FDPIC
You always have the option of submitting your complaint to the FDPIC. It can forward your complaint directly to the International Trade Administration (ITA) of the US Department of Commerce on your behalf.
If the complaint is forwarded to the ITA, the DPF team will work with the organization to find a solution to your concern.
If your complaint can be processed without disclosing your personal data, in line with the principle of data minimization, your data will not be disclosed.If you submit a complaint to the FDPIC, please note that in order to process your complaint, your personal data may need to be disclosed to the US company con-cerned and/or US authorities (US Department of Commerce - DOC, US Federal Trade Commission - FTC, US Department of Transportation - DOT). These personal data may include your name, any other identifier you used when communicating with the US company, or any other personal information processed by the US company that is part of your complaint. If disclosing these data is necessary in order to process your complaint, you will be expressly informed before the data are disclosed and given the opportunity to decide whether you wish to proceed. The outcome of the complaints procedure may be published if this appears appropriate. However, your personal data will not be disclosed in the event of publication.
You can submit this form either electronically to dpf-complaints@edoeb.admin.ch or via the online report form for data subjects (admin.ch) or by post to the following address:
Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter
Feldeggweg 1
CH-3003 Bern
4. Filing for binding arbitration
If your complaint has not been resolved by following the procedure described above, you may, under certain circumstances, file for binding arbitration. More information on arbitration can be found on the website of the International Centre for Dispute Resolution of the American Arbitration Association.
5. Contacting the US law enforcement authorities
Each participating organization must specify the relevant US law enforcement agency in its DPF program. In most cases, the competent US enforcement authority is the Federal Trade Commission (FTC). To file a complaint with the FTC, click here. The FTC analyzes complaints in its database, which many other law enforcement agencies can access, to identify trends, prioritize enforcement and identify potential targets for investigation. Please note that the FTC does not process or arbitrate individual complaints. We therefore recommend that you also make use of the other complaint options mentioned above. The only participating organizations that are not subject to the FTC are US airlines, for which complaints can be filed with the US Department of Transportation (DOT) here. The FTC and the DOT share responsibility for ticket agencies that sell flights.
Last modification 18.11.2024