Many French companies believe they must host their data within the European Union to comply with the GDPR. This is a misconception. Hosting your data in Switzerland, with Infomaniak for example, is perfectly legal and even offers additional guarantees.
Switzerland: a country recognized as "adequate" by the EU
The GDPR does not prohibit data transfers outside the European Union. It regulates these transfers and sets strict conditions. Switzerland meets all of these conditions.
The adequacy decision
The European Commission has officially recognized that Switzerland provides an adequate level of protection for personal data. This decision means that:
- Data transfers to Switzerland are treated the same as intra-EU transfers
- No special authorization is required
- No additional contractual clauses are needed
- Protection is considered equivalent to the GDPR
Legal basis
European Commission Decision 2000/518/EC, confirmed and maintained through revisions of the Swiss legal framework. Switzerland appears on the Commission\'s official list of adequate countries.
Other adequate countries
Switzerland belongs to a select group of countries recognized as adequate:
- Switzerland
- United Kingdom (post-Brexit)
- Canada (private sector)
- Japan
- New Zealand
- Israel
- South Korea
The United States does not appear on this list unconditionally (see below).
The Swiss FADP: enhanced protection
Switzerland has its own data protection law: the FADP (Federal Act on Data Protection), revised in 2023 to align with the GDPR.
What the FADP guarantees
| Right | GDPR (EU) | FADP (Switzerland) |
|---|---|---|
| Right of access | Yes | Yes |
| Right to rectification | Yes | Yes |
| Right to erasure | Yes | Yes |
| Right to data portability | Yes | Yes |
| Breach notification | 72 hours | As soon as possible |
| Penalties | Up to 4% of revenue | Up to CHF 250,000 |
The additional Swiss advantage
Switzerland adds protections that the GDPR alone does not guarantee:
- Extended banking secrecy – A deeply rooted tradition of confidentiality
- Political neutrality – No geopolitical pressure on data
- Legal stability – No abrupt policy changes
- Outside EU and US jurisdiction – Double protection against interference
Why it\'s better than the USA
The comparison with American hosting providers is clear-cut.
The Cloud Act problem
The Cloud Act (2018) allows US authorities to demand access to data stored by American companies, even if servers are physically located in Europe.
This applies to:
- Google (Gmail, Google Drive, Google Cloud)
- Microsoft (Outlook, OneDrive, Azure)
- Amazon (AWS)
- Dropbox, Slack, Zoom...
The Schrems II ruling
In 2020, the Court of Justice of the EU invalidated the Privacy Shield, the agreement that enabled easy data transfers to the US. Since then, using American services for European personal data has been legally risky.
The Data Privacy Framework: a fragile solution
A new framework (Data Privacy Framework) was adopted in 2023, but:
- It is contested by data protection organizations
- Max Schrems has announced a new legal challenge
- It could be invalidated like its predecessors
With Switzerland, there\'s none of this legal uncertainty.
What the CNIL says
The CNIL (France\'s National Commission on Informatics and Liberty) explicitly recognizes the validity of transfers to Switzerland.
Official position
On its website, the CNIL states that transfers to countries benefiting from an adequacy decision do not require specific safeguards. Switzerland is on that list.
CNIL recommendations
The CNIL even recommends favoring European or adequate hosting providers for:
- Health data
- Sensitive data
- Confidential business data
Infomaniak checks all these boxes.
Practical cases for French companies
Small and medium businesses
You can host with Infomaniak without any special formalities:
- Your showcase website
- Your e-commerce store
- Your professional emails
- Your company files (kDrive)
- Your customer databases
Regulated professions
Lawyers, accountants, healthcare professionals: Swiss confidentiality is an additional asset for protecting your clients\' data.
Nonprofits
No restrictions for nonprofits, even those handling data of minors or sensitive data.
The Infomaniak DPA
Infomaniak provides a GDPR-compliant DPA (Data Processing Agreement). This contractual document formalizes each party\'s obligations and can be presented in case of a CNIL audit.
How to mention it in your legal notices
Here\'s an example clause for your legal notices or privacy policy:
"The data collected is hosted by Infomaniak Network SA, headquartered in Geneva (Switzerland). Switzerland benefits from an adequacy decision of the European Commission (Decision 2000/518/EC), guaranteeing a level of protection equivalent to the GDPR."
This statement is sufficient and compliant with the GDPR\'s transparency requirements.
Frequently asked questions
Can my client refuse to have their data in Switzerland?
Legally, no. Since Switzerland offers adequate protection, the transfer is lawful. In practice, explain that Switzerland offers more guarantees than most alternatives.
Do I need to notify the CNIL?
No. Transfers to adequate countries require no declaration or prior authorization.
What if my sector has specific requirements?
Certain sectors (defense, government agencies...) may have national sovereignty requirements. In that case, check the specific obligations for your sector. For 99% of businesses, Switzerland is perfectly suitable.
Could Switzerland lose its adequate status?
It\'s theoretically possible but highly unlikely. Switzerland continually aligns its legislation with the GDPR and maintains high standards. The 2023 revision of the FADP demonstrates this.
Summary
| Criterion | Switzerland (Infomaniak) | USA (Big Tech) |
|---|---|---|
| EU adequacy decision | Yes (stable) | Fragile (DPF contested) |
| Subject to Cloud Act | No | Yes |
| GDPR formalities | None | Contractual clauses |
| Legal risk | Minimal | High (Schrems III?) |
| CNIL position | Favorable | Reservations |
Conclusion
Hosting your data in Switzerland with Infomaniak when you\'re based in France is not only perfectly legal, but it\'s often a better choice than staying with American hosting providers. The EU adequacy decision, the Swiss FADP, and freedom from the Cloud Act make Switzerland a trusted destination for your data.
You can migrate with complete peace of mind.
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