The Standard Data Processing Agreement is essential for any business relationship where one party (the processor) processes personal data on behalf of another party (the controller) under Swiss jurisdiction. This agreement is specifically designed to comply with the requirements of the Swiss Federal Data Protection Act (FADP/DSG) while maintaining alignment with GDPR standards where relevant. It becomes necessary when services involve any form of personal data processing, from cloud storage to customer relationship management. The document includes comprehensive provisions for data security, breach notification, sub-processing, and international transfers, making it suitable for both domestic Swiss operations and cross-border activities. Organizations should implement this Standard Data Processing Agreement to ensure compliance with Swiss data protection laws and establish clear accountability in data processing relationships.
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1. Parties: Identification of the data controller and data processor, including full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of data processing activities
3. Definitions: Key terms used in the agreement, including those from FADP/DSG and relevant data protection terminology
4. Scope and Purpose of Processing: Detailed description of the data processing activities, categories of data, and processing purposes
5. Obligations of the Data Controller: Controller's responsibilities, including providing instructions, ensuring legal basis for processing, and maintaining records
6. Obligations of the Data Processor: Processor's core duties including processing only on documented instructions, ensuring confidentiality, and implementing security measures
7. Technical and Organizational Measures: Security measures required to ensure appropriate level of data protection
8. Sub-processing: Conditions and requirements for engaging sub-processors, including authorization process
9. Data Subject Rights: Procedures for handling data subject requests and supporting controller in responding to such requests
10. Personal Data Breach: Breach notification procedures, timelines, and responsibilities
11. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance
12. Term and Termination: Duration of the agreement and termination provisions
13. Return or Deletion of Data: Obligations regarding personal data upon termination of services
14. Liability and Indemnities: Allocation of liability and indemnification obligations between parties
15. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal data will be transferred outside Switzerland or the EEA, including safeguards and transfer mechanisms
2. Special Categories of Data: Additional provisions required when processing sensitive personal data as defined under Swiss law
3. Industry-Specific Provisions: Additional requirements for specific sectors (e.g., healthcare, financial services)
4. Insurance Requirements: Specific insurance obligations for data protection and cyber risks
5. Business Continuity: Provisions for ensuring continuous data processing services and disaster recovery
6. Data Protection Impact Assessment: Procedures for conducting DPIAs when required
7. Joint Controller Provisions: Required when the relationship involves joint controllership rather than pure controller-processor relationship
1. Schedule 1 - Processing Details: Detailed description of processing activities, including data categories, subjects, purposes, and duration
2. Schedule 2 - Technical and Organizational Measures: Detailed specification of security measures implemented by the processor
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms and safeguards if applicable
5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Schedule 6 - Audit Procedures: Specific procedures and requirements for conducting audits
7. Schedule 7 - Contact Details: Key contacts for both parties for operational and emergency matters
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