This NDA Data Protection agreement is essential for business relationships where parties need to share both confidential information and personal data under Swiss jurisdiction. It should be used when entities need to ensure compliance with the Swiss Federal Act on Data Protection (FADP/DSG) while protecting proprietary information. The document combines traditional NDA elements with specific data protection requirements, making it particularly relevant for relationships involving data processing activities, cross-border data transfers, or handling of sensitive personal information. It addresses key requirements under Swiss law while maintaining flexibility to accommodate various business relationships and data processing scenarios. The agreement is especially important given Switzerland's strict data protection regime and its position as a key business hub with frequent cross-border data flows.
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1. Parties: Identification of the contracting parties, including registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and purpose of information sharing
3. Definitions: Key terms including Confidential Information, Personal Data, Processing, Data Controller, Data Processor, Technical and Organizational Measures
4. Scope and Purpose: Defines the scope of information sharing and permitted purposes for data processing
5. Confidentiality Obligations: Core confidentiality provisions, including use restrictions, security measures, and non-disclosure requirements
6. Data Protection Obligations: Specific obligations under FADP/GDPR including lawful processing, data minimization, purpose limitation
7. Technical and Organizational Measures: Required security measures for protecting confidential information and personal data
8. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with individual rights
9. Breach Notification: Procedures for reporting and handling confidentiality breaches and personal data breaches
10. Term and Termination: Duration of obligations and conditions for termination
11. Return or Destruction of Information: Requirements for handling confidential information and personal data upon termination
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Cross-border Transfers: Required when personal data will be transferred outside Switzerland, including to EU/EEA countries
2. Subprocessing: Needed when either party may engage subcontractors to process personal data
3. Audit Rights: Optional section granting rights to audit compliance with confidentiality and data protection obligations
4. Insurance Requirements: Optional section specifying required insurance coverage for data protection liabilities
5. Joint Controller Provisions: Required when parties are acting as joint controllers under data protection law
6. Data Protection Impact Assessment: Required for high-risk processing activities
7. Specific Industry Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories to be processed
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures and controls
3. Schedule 3 - Approved Subprocessors: List of approved subprocessors and their roles, if applicable
4. Schedule 4 - Transfer Mechanism: Details of cross-border transfer mechanisms and safeguards
5. Appendix A - Contact Points: Key contacts for operational, security, and data protection matters
6. Appendix B - Data Processing Details: Detailed description of processing activities, purposes, and legal bases
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Technology
Pharmaceuticals
Manufacturing
Professional Services
Research & Development
E-commerce
Telecommunications
Education
Insurance
Biotechnology
Consulting
Real Estate
Energy
Relevant Teams
Legal
Compliance
Information Security
IT
Privacy
Procurement
Human Resources
Research & Development
Business Development
Risk Management
Information Technology
Data Protection
Operations
Project Management
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
IT Security Manager
Chief Information Security Officer
Chief Technology Officer
Project Manager
Business Development Manager
Procurement Manager
HR Director
Research Director
Technology Consultant
Systems Administrator
Information Security Analyst
Privacy Analyst
Contract Manager
Risk Manager
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