This Data Addendum is essential when existing agreements involve the processing of personal data under Swiss jurisdiction but lack comprehensive data protection provisions. It should be used to supplement primary agreements to ensure compliance with the Swiss Federal Data Protection Act (FADP/DPA) and related regulations. The addendum becomes particularly important when dealing with cross-border data transfers, engaging new data processors, or updating existing arrangements to comply with the revised Swiss data protection law effective September 2023. It includes detailed provisions on data security, processing limitations, breach notifications, and data subject rights, tailored specifically to Swiss legal requirements. The document is crucial for businesses operating in Switzerland or processing Swiss residents' data, especially following the FADP revision that brought Swiss law closer to GDPR standards.
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1. Parties: Identification of the data controller and data processor (or joint controllers)
2. Background: Reference to the main agreement and purpose of this data addendum
3. Definitions: Key terms used in the addendum, aligned with FADP definitions
4. Scope and Purpose: Scope of data processing activities covered by the addendum
5. Data Protection Obligations: Core obligations under Swiss data protection law
6. Security Measures: Required technical and organizational security measures
7. Data Breach Notification: Procedures and timeframes for reporting data breaches
8. Subprocessing: Rules and requirements for engaging subprocessors
9. Data Subject Rights: Procedures for handling data subject requests
10. Audit Rights: Provisions for conducting data protection audits
11. Term and Termination: Duration of the addendum and termination provisions
12. Return or Deletion of Data: Obligations regarding data handling upon termination
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Cross-Border Transfers: Required if personal data will be transferred outside Switzerland
2. Special Categories of Data: Required if processing sensitive personal data as defined in FADP
3. Data Protection Officer: Required if either party has appointed a DPO
4. Joint Controller Provisions: Required if the relationship is one of joint controllers rather than controller-processor
5. Industry-Specific Requirements: Required for regulated industries (e.g., financial services, healthcare)
6. Insurance Requirements: Optional section specifying required insurance coverage for data protection
7. Force Majeure: Optional provisions for handling data protection obligations during force majeure events
1. Schedule 1 - Processing Activities: Detailed description of data processing activities, categories of data, and purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented to protect personal data
3. Schedule 3 - Approved Subprocessors: List of approved subprocessors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for international data transfers
5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix A - Contact Details: Key contacts for data protection matters at both parties
7. Appendix B - Standard Contractual Clauses: If needed for international transfers, modified to comply with Swiss law requirements
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