The Data Processing Addendum (DPA) is a crucial legal document required whenever a company (controller) engages another party (processor) to process personal data on its behalf under Swiss jurisdiction. This document serves as an addendum to the main service agreement and ensures compliance with the Swiss Federal Data Protection Act (FADP/revFADP) and, where applicable, the GDPR. The DPA outlines essential elements such as processing purposes, data security requirements, breach notification procedures, and cross-border transfer mechanisms. It becomes particularly important in the context of Switzerland's unique position as a non-EU country that maintains close alignment with EU data protection standards. The document must be in place before any data processing activities commence and should be updated as regulatory requirements or processing activities change.
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1. Parties: Identification of the data controller and data processor, including full legal names and addresses
2. Background: Context of the relationship between parties and purpose of the DPA as an addendum to the main service agreement
3. Definitions: Key terms used in the agreement, including those from FADP/revFADP and GDPR where applicable
4. Scope and Purpose: Details of the data processing activities covered by the agreement
5. Roles and Responsibilities: Clear delineation of roles as controller and processor, and their respective obligations
6. Processing Instructions: Controller's instructions for data processing and processor's obligation to follow them
7. Confidentiality: Confidentiality obligations and personnel access restrictions
8. Security Measures: Technical and organizational security measures required to protect personal data
9. Subprocessing: Conditions and requirements for engaging subprocessors
10. Data Subject Rights: Processor's obligations to assist controller with data subject requests
11. Data Breach Notification: Procedures and timeframes for reporting data breaches
12. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance
13. Data Transfer Mechanisms: Requirements for international data transfers
14. Term and Termination: Duration of the DPA and termination provisions
15. Return or Deletion of Data: Obligations regarding personal data upon termination
16. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. GDPR Specific Provisions: Additional provisions specifically addressing GDPR requirements when processing EU resident data
2. Data Protection Impact Assessments: Processor's obligations to assist with DPIAs when required
3. Insurance Requirements: Specific insurance obligations for data protection risks
4. Joint Controller Provisions: Additional provisions when parties act as joint controllers rather than controller-processor
5. Industry-Specific Requirements: Additional provisions for specific industries (e.g., healthcare, financial services)
6. Data Protection Officer: Provisions regarding DPO appointment and coordination
7. Special Categories of Data: Additional safeguards for processing sensitive personal data
8. Liability and Indemnification: Specific liability provisions for data protection breaches
1. Schedule 1 - Processing Activities: 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 description of 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, including standard contractual clauses if applicable
5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix A - Contact Details: Contact information for key personnel responsible for data protection
7. Appendix B - Audit Procedures: Detailed procedures for conducting compliance audits
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