Legally Proton is not based in European Union nor European Economic Area. Switzerland is extra EU just like USA, China or Russia
its more like EU is 10, switzerland is 11 or 12
I might argue it is better than switzerland, most asia pacific data center is in singapore for southern hemisphere
https://freedomhouse.org/country/singapore/freedom-world/202...
https://freedomhouse.org/country/switzerland/freedom-world/2...
It is part of Schengen, free movement of people (try moving to the US from Europe), aligned their data protection law with GDPR etc.
It's very different from the countries you mention who don't make any effort to align with EU and are our adversaries in many cases.