This Master Data Protection Agreement is essential for organizations engaging in data processing activities under Swiss jurisdiction. It serves as the primary contractual framework ensuring compliance with the Swiss Federal Act on Data Protection (FADP/nDSG) and related regulations. The agreement is particularly crucial when one party (the controller) engages another party (the processor) to process personal data on its behalf. It covers critical aspects including security measures, data breach protocols, cross-border data transfers, and processor obligations. The document is designed to accommodate both purely Swiss operations and international data processing activities, with provisions that align with both Swiss law and, where necessary, EU GDPR requirements. This agreement should be implemented before any data processing activities commence and updated as regulatory requirements or processing activities evolve.
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1. Parties: Identification of the data controller and data processor, including full legal names, addresses, and registration details
2. Background: Context of the data processing relationship and purpose of the agreement
3. Definitions: Definitions of key terms used in the agreement, aligned with FADP terminology
4. Scope and Purpose: Details of the data processing activities covered by the agreement
5. Roles and Responsibilities: Clear delineation of roles as controller/processor and respective responsibilities
6. Data Processing Principles: Fundamental principles for processing personal data in compliance with FADP
7. Security Measures: Required technical and organizational measures for data protection
8. Data Breach Notification: Procedures and timeframes for reporting data breaches
9. Confidentiality: Confidentiality obligations regarding processed data
10. Subprocessing: Conditions and requirements for engaging subprocessors
11. Data Subject Rights: Procedures for handling data subject requests and rights
12. Audit Rights: Controller's rights to audit processor's compliance
13. Term and Termination: Duration of agreement and termination provisions
14. Return or Deletion of Data: Obligations regarding data handling upon agreement termination
15. Liability and Indemnification: Allocation of liability and indemnification obligations
16. General Provisions: Standard contractual provisions including governing law, jurisdiction, and amendments
1. International Data Transfers: Required when personal data will be transferred outside Switzerland, including appropriate safeguards
2. Special Categories of Data: Additional provisions when processing sensitive personal data as defined in FADP
3. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., financial services, healthcare)
4. Data Protection Impact Assessments: Procedures for conducting DPIAs when required
5. Joint Controller Provisions: Required when parties act as joint controllers rather than controller-processor
6. Insurance Requirements: Specific insurance obligations for data protection risks
7. Business Continuity: Provisions for ensuring continuous data protection during disruptions
8. Exit Management: Detailed procedures for transitioning services to another provider
1. Schedule 1 - Processing Details: 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 security measures and controls implemented by the processor
3. Schedule 3 - Approved Subprocessors: List of approved subprocessors and their processing activities
4. Schedule 4 - Data Transfer Mechanisms: Details of mechanisms used for international data transfers
5. Schedule 5 - Service Levels: Performance metrics and response times for data protection-related services
6. Schedule 6 - Security Breach Response Plan: Detailed procedures for handling and reporting security incidents
7. Schedule 7 - Audit Procedures: Detailed procedures and requirements for conducting audits
8. Appendix A - Contact Details: Contact information for key personnel and data protection officers
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