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Data Processor Privacy Notice

Data Processor Privacy Notice Template for Switzerland

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Key Requirements PROMPT example:

Data Processor Privacy Notice

"I need a Data Processor Privacy Notice for our Swiss-based cloud software company that will be processing healthcare data for EU and Swiss medical institutions starting March 2025, with particular focus on security measures and medical data handling requirements."

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Document background
The Data Processor Privacy Notice is a crucial document required for organizations processing personal data on behalf of others under Swiss law. This document becomes necessary when an entity acts as a data processor, handling personal data according to the instructions of data controllers. The notice must comply with the Swiss Federal Data Protection Act (FADP/DSG) and should address key aspects such as processing purposes, security measures, and data subject rights. While primarily focused on Swiss legal requirements, the notice often needs to consider international data protection standards, particularly when handling cross-border data transfers. The document serves both as a compliance tool and as a transparency mechanism, helping processors meet their obligations while providing clear information to controllers and data subjects about their processing activities.
Suggested Sections

1. Introduction: Identifies the data processor and explains the purpose of the privacy notice

2. Scope of Application: Defines who the notice applies to and what activities it covers

3. Definitions: Key terms used throughout the notice, aligned with Swiss FADP terminology

4. Role as Data Processor: Clear explanation of the organization's role as a data processor and its relationship with data controllers

5. Types of Personal Data Processed: Categories of personal data that the processor typically handles

6. Processing Purposes: Description of the purposes for which personal data is processed on behalf of controllers

7. Legal Basis for Processing: Reference to the contractual basis and legal grounds for processing activities

8. Data Security Measures: Overview of technical and organizational measures implemented to protect personal data

9. Sub-processors: Information about the use of sub-processors and the process for engaging them

10. International Data Transfers: Information about cross-border data transfers and safeguards in place

11. Data Subject Rights: Explanation of how data subject requests are handled when received by the processor

12. Contact Information: Details of how to contact the processor and their data protection officer if applicable

Optional Sections

1. Specific Industry Compliance: Additional section for processors in regulated industries (e.g., healthcare, financial services)

2. Children's Data Processing: Required if the processor handles personal data of children

3. Special Categories of Data: Required if processing sensitive personal data as defined under Swiss law

4. Data Retention Periods: Detailed retention schedules when processing involves specific retention requirements

5. Automated Decision Making: Required if the processor employs automated decision-making or profiling

6. Cookie Policy Integration: Required if the processor uses cookies or similar tracking technologies

7. Local Representative: Required if the processor needs a representative in specific jurisdictions

Suggested Schedules

1. Technical and Organizational Measures: Detailed description of security measures and controls implemented

2. Sub-processor List: Current list of approved sub-processors and their processing activities

3. Data Processing Activities: Detailed inventory of processing activities performed as a processor

4. Security Incident Response Plan: Procedures for handling and reporting data breaches

5. Standard Contractual Clauses: If applicable, for international data transfers

6. Certification and Compliance Documents: Copies of relevant certifications and compliance attestations

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Personal Data
Processing
Data Processor
Data Controller
Data Subject
Sensitive Personal Data
Cross-border Transfer
Sub-processor
Technical and Organizational Measures
Data Protection Officer
Processing Agreement
Data Protection Law
FADP
FDPO
Consent
Data Breach
Recipients
Third Party
Filing System
Supervisory Authority
Local Representative
International Organization
Profiling
Anonymization
Pseudonymization
Data Minimization
Purpose Limitation
Storage Limitation
Processing Records
Security Incident
Data Protection Impact Assessment
Controller Instructions
Authorized Personnel
Confidential Information
Swiss FDPIC
Appropriate Safeguards
Standard Contractual Clauses
Privacy Notice
Special Categories of Personal Data
Automated Decision-Making
Relevant Industries

Technology and Software

Financial Services

Healthcare

E-commerce

Manufacturing

Professional Services

Education

Telecommunications

Cloud Services

Consulting

Retail

Insurance

Marketing and Advertising

Research and Development

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Data Protection

Operations

Information Governance

Regulatory Affairs

Relevant Roles

Data Protection Officer

Privacy Manager

Compliance Officer

Legal Counsel

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Operations Manager

Risk Manager

Data Protection Specialist

Privacy Analyst

Compliance Manager

General Counsel

Chief Legal Officer

Data Governance Manager

Industries
Swiss Federal Data Protection Act (FADP/DSG): The primary Swiss legislation governing data protection, recently revised to align more closely with GDPR standards. It sets out the fundamental principles for processing personal data in Switzerland.
Swiss Federal Data Protection Ordinance (FDPO/VDSG): The implementing ordinance that provides detailed requirements and specifications for implementing the FADP, including specific obligations for data processors.
EU General Data Protection Regulation (GDPR): While not directly applicable in Switzerland, it's relevant for Swiss businesses dealing with EU data subjects or acting as processors for EU controllers. Swiss data processors often need to comply with GDPR standards.
Swiss Code of Obligations (CO): Contains general contract law provisions that may affect the processor agreement, particularly regarding service contracts and liability provisions.
Swiss Criminal Code: Contains provisions on privacy violations and professional secrecy that may be relevant for data processing activities.
Federal Act on Unfair Competition (UWG): Relevant for data processing practices that might affect fair competition and business practices, particularly regarding transparency in data handling.
Telecommunications Act (FMG): May be relevant if the data processing involves telecommunications services or electronic communications.
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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