This Controller To Controller DPA is essential when two independent organizations process personal data as controllers and need to establish a formal framework for data sharing under Swiss law. The agreement is particularly relevant following the implementation of the revised Swiss Federal Data Protection Act (FADP/DSG) in 2023, which introduced enhanced requirements for data processing and transfer. It should be used whenever organizations share personal data while maintaining independent control over their respective processing activities. The document includes comprehensive provisions on data protection principles, security measures, breach notification procedures, and cross-border transfers, while ensuring compliance with Swiss regulatory requirements and, where necessary, alignment with GDPR standards. This agreement is crucial for establishing clear accountability, responsibilities, and liability allocation between the controllers.
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1. Parties: Identification of the data controllers entering into the agreement
2. Background: Context of the data sharing relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement, including Swiss law-specific terminology
4. Purpose and Scope: Detailed description of the data sharing purposes and processing activities covered
5. Roles and Responsibilities: Clear delineation of each controller's obligations and responsibilities
6. Legal Basis for Processing: Specification of the legal grounds for data processing under Swiss law
7. Data Protection Principles: Commitment to comply with fundamental data protection principles
8. Data Subject Rights: Procedures for handling data subject requests and ensuring rights are respected
9. Security Measures: Required technical and organizational security measures
10. Data Breach Notification: Procedures and timeframes for breach notification
11. Cross-border Transfers: Rules and safeguards for international data transfers
12. Confidentiality: Confidentiality obligations regarding shared personal data
13. Liability and Indemnification: Allocation of risks and responsibilities between controllers
14. Term and Termination: Duration of the agreement and termination provisions
15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Audit Rights: Optional provisions for mutual auditing rights, recommended for high-risk processing
2. Sub-processing: Include if either controller may engage sub-processors
3. Insurance Requirements: Specific insurance obligations, recommended for high-value data processing
4. Data Protection Impact Assessments: Procedures for DPIAs, recommended for high-risk processing
5. Joint Controller Provisions: Include if any processing activities involve joint controllership
6. Industry-Specific Requirements: Additional provisions for regulated industries (e.g., healthcare, financial services)
7. Data Retention and Deletion: Specific retention periods and deletion procedures, if not covered in main agreement
1. Schedule 1 - Categories of Data: Detailed list of personal data categories being processed
2. Schedule 2 - Processing Activities: Detailed description of processing activities performed by each controller
3. Schedule 3 - Technical and Organizational Measures: Specific security measures implemented by both parties
4. Schedule 4 - Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards
5. Schedule 5 - Contact Points: Key contacts for operational, security, and privacy matters
6. Appendix A - Data Subject Rights Procedure: Detailed procedures for handling data subject requests
7. Appendix B - Breach Notification Procedure: Detailed procedures for handling and reporting data breaches
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