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International Data Protection Agreement

International Data Protection Agreement Template for Switzerland

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Key Requirements PROMPT example:

International Data Protection Agreement

"I need an International Data Protection Agreement governed by Swiss law for my fintech company that will be processing customer payment data across our offices in Switzerland, Singapore, and the UK, with implementation planned for March 2025."

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Document background
The International Data Protection Agreement is essential for organizations engaging in cross-border data transfers involving Swiss jurisdiction. This document becomes necessary when personal data is processed, transferred, or stored across international boundaries, with at least one party being subject to Swiss data protection requirements. The agreement ensures compliance with the Swiss Federal Data Protection Act (revFADP), while also accommodating requirements from other relevant jurisdictions, particularly the EU GDPR where applicable. It covers crucial aspects such as data processing principles, security measures, breach notification procedures, and data subject rights. The document is particularly important given Switzerland's unique position as a non-EU country with its own comprehensive data protection framework, which maintains close alignment with EU standards while retaining distinctive features. This agreement helps organizations navigate the complex landscape of international data protection requirements while ensuring legal compliance and appropriate safeguards for personal data.
Suggested Sections

1. Parties: Identification of the data controller(s), data processor(s), and any other relevant parties, including their registered addresses and contact details

2. Background: Context of the agreement, relationship between the parties, and general purpose of the data processing activities

3. Definitions: Definitions of key terms used in the agreement, aligned with both Swiss FADP and GDPR terminology where applicable

4. Scope and Purpose of Processing: Detailed description of the data processing activities, categories of data, and purposes of processing

5. Roles and Responsibilities: Clear delineation of roles (controller, processor, sub-processor) and associated responsibilities under applicable laws

6. Data Protection Principles: Commitment to core data protection principles including lawfulness, fairness, transparency, purpose limitation, data minimization, and accuracy

7. Security Measures: Technical and organizational measures required to ensure appropriate security of personal data

8. Cross-border Data Transfers: Mechanisms and safeguards for international data transfers, including to countries without adequate protection

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

10. Confidentiality: Obligations regarding confidentiality and professional secrecy

11. Breach Notification: Procedures and timeframes for reporting and handling personal data breaches

12. Audit Rights: Rights and procedures for conducting audits and inspections

13. Liability and Indemnification: Allocation of liability and indemnification obligations between parties

14. Term and Termination: Duration of the agreement, termination rights, and obligations upon termination

15. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Sub-processing: Required when the processor intends to engage sub-processors, detailing authorization requirements and obligations

2. Joint Controller Arrangements: Required when parties act as joint controllers, detailing shared responsibilities and arrangements

3. Industry-Specific Requirements: Additional provisions for specific industries (e.g., healthcare, financial services) subject to additional regulations

4. Data Protection Impact Assessment: Procedures for conducting DPIAs when required by law or risk level

5. Insurance Requirements: Specific insurance obligations for data protection risks

6. Force Majeure: Provisions for handling situations beyond parties' reasonable control

7. Alternative Dispute Resolution: Procedures for mediation or arbitration before court proceedings

8. Business Continuity and Disaster Recovery: Required for critical processing activities or high-risk data

Suggested Schedules

1. Schedule 1: Processing Activities: 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 description of security measures implemented to protect personal data

3. Schedule 3: Approved Sub-processors: List of approved sub-processors and their processing activities

4. Schedule 4: Transfer Mechanism Documentation: Standard Contractual Clauses or other transfer mechanisms documentation

5. Schedule 5: Data Breach Response Plan: Detailed procedures and contact information for breach response

6. Schedule 6: Audit Procedures: Detailed procedures and requirements for conducting audits

7. Schedule 7: Data Subject Request Procedures: Forms and procedures for handling data subject requests

8. Appendix A: Contact Details: Contact information for key personnel, including Data Protection Officers and representatives

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
Agreement
Applicable Data Protection Laws
Automated Decision-Making
Business Day
Confidential Information
Consent
Controller
Cross-border Transfer
Data Breach
Data Protection Authority
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Rights
EEA
Effective Date
EU
FDPIC
GDPR
Group Company
Joint Controller
Personal Data
Personal Data Breach
Processing
Processor
Profiling
Pseudonymisation
Recipients
Representative
Restricted Transfer
revFADP
Sensitive Personal Data
Services
Standard Contractual Clauses
Sub-processor
Supervisory Authority
Swiss Federal Data Protection Act
Technical and Organizational Measures
Third Country
Third Party
Transfer Mechanism
Relevant Industries

Financial Services

Healthcare

Technology

Manufacturing

Professional Services

Pharmaceuticals

Insurance

Telecommunications

E-commerce

Education

Research and Development

Cloud Services

Consulting

Logistics

Real Estate

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Privacy

Operations

Information Governance

Data Protection

International Business

Procurement

Vendor Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

General Counsel

Privacy Counsel

Compliance Officer

Information Security Officer

Chief Information Security Officer

Chief Technology Officer

IT Director

Risk Manager

Privacy Manager

Legal Counsel

Contract Manager

Information Governance Manager

Chief Operating Officer

Data Protection Specialist

Privacy Analyst

Compliance Manager

International Business Manager

Industries
Swiss Federal Data Protection Act (revFADP/nDSG): The revised Swiss Federal Data Protection Act (effective September 2023) which is the primary legislation governing data protection in Switzerland, aligned with GDPR standards while maintaining Swiss specificity
EU General Data Protection Regulation (GDPR): While not Swiss law, GDPR must be considered due to its extraterritorial scope and Switzerland's close economic ties with the EU, particularly for cross-border data transfers
Swiss Federal Data Protection Ordinance (FDPO/DSV): The implementing ordinance that provides detailed requirements and specific provisions for implementing the Federal Data Protection Act
Swiss Federal Act on Private International Law (PILA): Relevant for determining jurisdiction and applicable law in international data protection matters
Swiss Code of Obligations: Contains general contract law provisions that will govern the contractual aspects of the data protection agreement
Federal Act on the Surveillance of Postal and Telecommunications Traffic (SPTA): May be relevant if the data processing involves telecommunications or electronic communications data
Swiss Criminal Code: Contains provisions on data theft, unauthorized data access, and breach of privacy that may need to be referenced in data protection contexts
Standard Contractual Clauses (SCCs): While not legislation per se, these are essential tools recognized under Swiss law for international data transfers, including both EU SCCs and Swiss-specific variations
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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