(3) Pursuant to Directive 95/46/EC the level of data protection should be assessed in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations, and in respect of given conditions. The Working Party on Protection of Individuals with regard to the processing of Personal Data established under that Directive has issued guidance on the making of such assessments(2).
(12) The Working Party on Protection of Individuals with regard to the processing of Personal Data established under Article 29 of Directive 95/46/EC has delivered Opinions on the level of protection provided by Swiss law which have been taken into account in the preparation of this Decision(4).
For the Commission
Frederik Bolkestein
Member of the Commission
(1) OJ L 281, 23.11.1995, p. 31.
(2) Opinion 12/98, adopted by the Working Party on 24.7.1998: "Transfers of personal data to third countries. Applying Articles 25 and 26 of the EU Data Protection Directive" (DG MARKT D/5025/98), available on Europa, the website hosted by the European Commission: http://europa. eu.int/comm/internal_market/en/media/dataprot/wpdocs/index.htm.
(3) Available on website: http://conventions.coe.int/treaty/EN/cadreintro.htm.
(4) Opinion 5/99 adopted by the Working Party on 7.6.1999 (DG MARKT 5054/99), available on the Europa website cited in footnote 2.
