The Swiss-U.S. DPF Annex I Binding Arbitration Mechanism is for Swiss individuals who seek to determine whether an organization participating in the Swiss-U.S. DPF has violated its obligations under the Swiss-U.S. Principles as to that individual, and whether any such violation remains fully or partially unremedied ("residual claims").
As described in Annex I of the Swiss-U.S. DPF Principles, the arbitral tribunal has the authority to impose individual-specific, non-monetary equitable relief (such as access, correction deletion, or return of the individual's data in question) necessary to remedy the violation of the Swiss-U.S. DPF Principles only with respect to the individual.
This page provides a summary of how to file for arbitration under the DPF Annex I Binding Arbitration Mechanism. For full information on how this arbitration mechanism works, please see the DPF Arbitration Rules by clicking HERE.
To access and file a Notice of Arbitration Form, click HERE.
There is no fee for Swiss individuals to file for DPF Annex I Binding Arbitration. Upon your request, your Data Protection Authority may provide assistance in the preparation of the Notice of Arbitration. If you choose to hire representation, please be aware that attorney's fees are not covered costs under this mechanism.
As explained in Rule 1 of the Arbitration Rules, a Swiss individual (referred to in the Rules as the "Claimant") who decides to invoke this arbitration option must take the following steps prior to initiating an arbitration claim:
(a) raise the claimed violation directly with the organization (referred to in the Rules as the
"Respondent") and afford the organization an opportunity to resolve the issue within the
45-day timeframe set forth in the Swiss-U.S. DPF Principles;
(b) make use of the independent recourse mechanism under the Swiss-U.S. DPF Principles, which is at
no cost to the individual; and
(c) raise the issue through the Swiss Federal Data Protection and Information Commissioner
(the “FDPIC”) to the U.S..Department of Commerce and afford the U.S. Department of Commerce
an opportunity to use best efforts to resolve the issue within a 90-day timeframe.
In addition, this arbitration option may not be invoked under either of the following circumstances:
(a) the Claimant's same claimed violation of the Swiss-U.S. DPF Principles:
(1) has previously been subject to binding arbitration;
(2) was the subject of a final
a party; or
(3) was previously settled by the parties.
(b) The FDPIC:
(1) has authority under the Swiss-U.S. DPF Supplemental Principle on the Role of the Federal Data
Protection and Information Commissioner or the Swiss-U.S. DPF Supplemental Principle on
Human Resources Data (i.e., Sections III.5 or III.9 of the Swiss-U.S. DPF Principles) ; or
(2) has the authority to resolve the claimed violation directly with the Respondent.The FDPIC's
authority to resolve the same claim against a Swiss data controller does not alone preclude
invocation of this arbitration option against a different legal entity not bound by the FDPIC’s
authority.
As explained in Rule 2 of the Arbitration rules, a Swiss individual may initiate an arbitration pursuant to this mechanism, subject to the pre-arbitration requirements listed in Rule 1, by filing a request for arbitration utilizing the "Swiss-U.S. DPF Annex I Notice of Arbitration Form" located HERE, and all other required documents, along with a copy to the Respondent, by e-mail or mail if necessary.
In addition to the Swiss-U.S. DPF Annex I Notice of Arbitration Form, the request for arbitration shall contain the following information:
(a) a summary of steps taken pursuant to Rule 1 to resolve the claim pertaining to the
alleged violation, including documentation from the FDPIC identifying the date the Complaint
Referral Form was sent to the U.S. Department of Commerce;
(b) a description of the alleged violation and at the option of the Claimant any supporting
documents the Claimant wishes to enter into evidence and/or a discussion of law
relating to the alleged violation and any facts supporting it;
(c) the relief or remedy sought; and
(d) the names, addresses, telephone number and email addresses of all parties and if known, of their
representatives.
When filing, please complete the Swiss-U.S. DPF Annex I Notice of Arbitration Form, along with other documents as required by Rule 2 and forward to the ICDR-AAA at the address below.
Mail:
International Centre for Dispute Resolution Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
United States
Sending by email box: [email protected]
For Swiss Individuals: Click to Access the Notice of Arbitration Form
Data Privacy Framework Arbitral Fund Contributions
Annex I Binding Arbitration Rules under Swiss-U.S. DPF
Annex I Binding Arbitration Code of Conduct for Arbitrators under Swiss-U.S. DPF
Data Privacy Framework Arbitrators
About the ICDR
The International Centre for Dispute Resolution (ICDR), is the international division of the American Arbitration Association (AAA) and provides DPF Annex I Binding Arbitration Mechanism services pursuant to the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. The global leader in conflict management since 1926, the AAA is a not-for-profit, public service organization committed to the resolution of disputes through the use of arbitration, mediation, conciliation, negotiation and other conflict management procedures.
The ICDR provides a full range of conflict management services to businesses, government agencies, and other organizations around the world. These services are supported by a network of cooperative agreements with other arbitration institutions and key alliances located around the globe, which enable the ICDR to provide its international arbitration services.
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