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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
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
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
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