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Intra Group Agreement Data Protection for Switzerland

Intra Group Agreement Data Protection Template for Switzerland

A comprehensive agreement governed by Swiss law that establishes the framework for personal data processing and transfers between entities within the same corporate group. This document ensures compliance with the Swiss Federal Data Protection Act (FADP/DSG) while incorporating international best practices aligned with GDPR standards. It defines roles, responsibilities, and obligations of group entities in relation to data protection, including technical and organizational measures, data subject rights, breach notification procedures, and accountability requirements.

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What is a Intra Group Agreement Data Protection?

The Intra Group Agreement Data Protection is essential for multinational organizations operating in or from Switzerland that need to establish a compliant framework for internal data sharing and processing. This document becomes necessary when multiple entities within a corporate group regularly share or process personal data, requiring a structured approach to ensure compliance with the Swiss Federal Data Protection Act (FADP/DSG) and related regulations. It addresses key aspects such as data transfer mechanisms, security requirements, data subject rights, and breach notification procedures, while considering Swiss-specific legal requirements and international data protection standards. The agreement is particularly important following the implementation of the revised FADP in 2023, which brought Swiss data protection law closer to EU GDPR standards.

What sections should be included in a Intra Group Agreement Data Protection?

1. Parties: Identification of the group entities entering into the agreement, including their roles (data controllers/processors)

2. Background: Context of the agreement, group structure, and purpose of data sharing within the group

3. Definitions: Key terms used in the agreement, aligned with Swiss FADP and GDPR terminology

4. Scope and Purpose: Scope of data processing activities covered and permitted purposes for data processing

5. Roles and Responsibilities: Clear designation of roles (controllers/processors) and associated responsibilities of each group entity

6. Legal Basis for Processing: Identification of legal grounds for data processing and transfer under Swiss law

7. Data Protection Principles: Core principles governing the processing of personal data within the group

8. Data Subject Rights: Procedures for handling data subject requests and ensuring rights under Swiss law

9. Security Measures: Technical and organizational measures required for data protection

10. Data Breach Notification: Procedures for handling and reporting data breaches within the group

11. Audit and Compliance: Provisions for monitoring and ensuring compliance with the agreement

12. Term and Termination: Duration of the agreement and conditions for termination

13. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction provisions

What sections are optional to include in a Intra Group Agreement Data Protection?

1. Special Categories of Data: Additional provisions for processing sensitive data - include if sensitive data is processed

2. International Data Transfers: Specific provisions for transfers outside Switzerland - include if data leaves Switzerland

3. Data Protection Officer: DPO appointment and responsibilities - include if required by law or voluntarily appointed

4. Sub-processing: Rules for engaging sub-processors - include if sub-processing is anticipated

5. Joint Controller Arrangements: Specific provisions for joint controller scenarios - include if joint controller relationship exists

6. Employee Data Processing: Specific provisions for employee data - include if employee data is processed

7. Insurance and Liability: Specific insurance requirements and liability allocation - include for high-risk processing

What schedules should be included in a Intra Group Agreement Data Protection?

1. Schedule 1 - Categories of Data: Detailed list of personal data categories processed under the agreement

2. Schedule 2 - Processing Activities: Detailed description of processing activities conducted by each party

3. Schedule 3 - Technical and Organizational Measures: Detailed security measures implemented by all parties

4. Schedule 4 - Sub-processors: List of approved sub-processors and their processing activities

5. Schedule 5 - Transfer Mechanisms: Details of mechanisms used for international data transfers

6. Schedule 6 - Contact Points: List of key contacts for data protection matters at each entity

7. Appendix A - Data Processing Agreement: Standard terms for controller-processor relationships within the group

8. Appendix B - Security Breach Response Plan: Detailed procedures for handling data breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Cost

Free to use

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