This Data Protection Addendum is essential for organizations processing personal data under Swiss jurisdiction, particularly when one party acts as a data controller and another as a data processor. It should be used to supplement main service agreements where personal data processing occurs, ensuring compliance with the Swiss Federal Data Protection Act (FADP/DSG) and related regulations. The document becomes particularly crucial when organizations handle sensitive personal data, engage in cross-border data transfers, or need to demonstrate compliance with Swiss data protection requirements to regulators or business partners. It includes detailed provisions on data security measures, breach notification procedures, sub-processing arrangements, and data subject rights, while considering potential implications of other relevant regulations such as the GDPR where applicable.
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1. Parties: Identification of the parties, including their roles as data controller, data processor, or joint controllers
2. Background: Context of the relationship between the parties and reference to the main agreement this DPA supplements
3. Definitions: Key terms used in the agreement, aligned with Swiss FADP and where applicable, GDPR definitions
4. Scope and Purpose: Details of the data processing activities covered by the addendum
5. Roles and Responsibilities: Specific obligations of each party based on their role (controller/processor)
6. Data Processing Principles: Fundamental principles for processing personal data in compliance with Swiss law
7. Technical and Organizational Measures: Security measures required to protect personal data
8. Sub-processing: Rules and requirements for engaging sub-processors
9. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
10. Data Breach Notification: Procedures and timeframes for reporting data breaches
11. Audit Rights: Rights and procedures for conducting data protection audits
12. Term and Termination: Duration of the DPA and termination provisions
13. Return or Deletion of Data: Obligations regarding personal data upon termination
14. Liability and Indemnification: Allocation of responsibility and liability between parties
15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Cross-Border Transfers: Required when personal data will be transferred outside Switzerland, including transfer mechanisms and safeguards
2. Special Categories of Data: Include when processing sensitive personal data categories as defined under Swiss law
3. Industry-Specific Requirements: Add when dealing with regulated industries (e.g., financial services, healthcare)
4. Joint Controller Arrangements: Required when parties act as joint controllers rather than controller-processor
5. Data Protection Officer: Include when either party has appointed a DPO or similar role
6. Insurance Requirements: Optional section specifying required insurance coverage for data protection risks
7. Force Majeure: Optional provisions for handling data protection obligations during force majeure events
1. Schedule 1 - Processing Details: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed specifications of security measures implemented to protect personal data
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for international data transfers, including standard contractual clauses if applicable
5. Schedule 5 - Data Breach Response Plan: Detailed procedures and contact information for data breach response
6. Appendix A - Contact Details: Key contacts for data protection matters at both parties
7. Appendix B - Audit Procedures: Detailed procedures for conducting data protection audits
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