Controller To Controller DPA Template for Switzerland

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Key Requirements PROMPT example:

Controller To Controller DPA

"I need a Controller to Controller DPA under Swiss law for a fintech company sharing customer data with a credit scoring provider, with specific focus on cross-border transfers to the UK and enhanced security measures for financial data."

Document background
This Controller To Controller DPA is essential when two independent organizations process personal data as controllers and need to establish a formal framework for data sharing under Swiss law. The agreement is particularly relevant following the implementation of the revised Swiss Federal Data Protection Act (FADP/DSG) in 2023, which introduced enhanced requirements for data processing and transfer. It should be used whenever organizations share personal data while maintaining independent control over their respective processing activities. The document includes comprehensive provisions on data protection principles, security measures, breach notification procedures, and cross-border transfers, while ensuring compliance with Swiss regulatory requirements and, where necessary, alignment with GDPR standards. This agreement is crucial for establishing clear accountability, responsibilities, and liability allocation between the controllers.
Suggested Sections

1. Parties: Identification of the data controllers entering into the agreement

2. Background: Context of the data sharing relationship and purpose of the agreement

3. Definitions: Key terms used in the agreement, including Swiss law-specific terminology

4. Purpose and Scope: Detailed description of the data sharing purposes and processing activities covered

5. Roles and Responsibilities: Clear delineation of each controller's obligations and responsibilities

6. Legal Basis for Processing: Specification of the legal grounds for data processing under Swiss law

7. Data Protection Principles: Commitment to comply with fundamental data protection principles

8. Data Subject Rights: Procedures for handling data subject requests and ensuring rights are respected

9. Security Measures: Required technical and organizational security measures

10. Data Breach Notification: Procedures and timeframes for breach notification

11. Cross-border Transfers: Rules and safeguards for international data transfers

12. Confidentiality: Confidentiality obligations regarding shared personal data

13. Liability and Indemnification: Allocation of risks and responsibilities between controllers

14. Term and Termination: Duration of the agreement and termination provisions

15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Audit Rights: Optional provisions for mutual auditing rights, recommended for high-risk processing

2. Sub-processing: Include if either controller may engage sub-processors

3. Insurance Requirements: Specific insurance obligations, recommended for high-value data processing

4. Data Protection Impact Assessments: Procedures for DPIAs, recommended for high-risk processing

5. Joint Controller Provisions: Include if any processing activities involve joint controllership

6. Industry-Specific Requirements: Additional provisions for regulated industries (e.g., healthcare, financial services)

7. Data Retention and Deletion: Specific retention periods and deletion procedures, if not covered in main agreement

Suggested Schedules

1. Schedule 1 - Categories of Data: Detailed list of personal data categories being processed

2. Schedule 2 - Processing Activities: Detailed description of processing activities performed by each controller

3. Schedule 3 - Technical and Organizational Measures: Specific security measures implemented by both parties

4. Schedule 4 - Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards

5. Schedule 5 - Contact Points: Key contacts for operational, security, and privacy matters

6. Appendix A - Data Subject Rights Procedure: Detailed procedures for handling data subject requests

7. Appendix B - Breach Notification Procedure: Detailed procedures for handling and reporting data breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Financial Services

Healthcare

Insurance

Technology

E-commerce

Telecommunications

Professional Services

Manufacturing

Education

Research

Pharmaceutical

Real Estate

Retail

Logistics

Consulting

Relevant Teams

Legal

Compliance

Privacy

Information Security

Risk Management

Information Technology

Data Protection

Information Governance

Operations

Procurement

Corporate Affairs

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Officer

Risk Manager

Chief Privacy Officer

Chief Legal Officer

Chief Compliance Officer

Chief Information Security Officer

Data Protection Manager

Privacy Manager

Contract Manager

Information Governance Manager

Legal Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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