(2) The Commission may find that a third country ensures an adequate level of protection. In that case, personal data may be transferred from the Member States without additional guarantees being necessary.

(10) The legal standards applicable in Switzerland cover all the basic principles necessary for an adequate level of protection for natural persons, even if exceptions and limitations are also provided for in order to safeguard important public interests. The application of these standards is guaranteed by judicial remedy and by independent supervision carried out by the authorities, such as the Federal Commissioner invested with powers of investigation and intervention. Furthermore, the provisions of Swiss law regarding civil liability apply in the event of unlawful processing which is prejudicial to the persons concerned.

2. Member States shall inform the Commission without delay when measures are adopted on the basis of paragraph 1.

3. The Member States and the Commission shall also inform each other of cases where the action of bodies responsible for ensuring compliance with the standards of protection in Switzerland fails to secure such compliance.

4. If the information collected under paragraphs 1, 2 and 3 provides evidence that any body responsible for ensuring compliance with the standards of protection in Switzerland is not effectively fulfilling its role, the Commission shall inform the competent Swiss authority and, if necessary, present draft measures in accordance with the procedure under Article 31 of Directive 95/46/EC with a view to repealing or suspending this Decision or limiting its scope.

1. This Decision may be amended at any time in the light of experience with its functioning or of changes in Swiss legislation.

2. The Commission shall, if necessary, present draft measures in accordance with the procedure established by Article 31 of Directive 95/46/EC.

For the Commission