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Personal Information Confidentiality Agreement
"I need a Personal Information Confidentiality Agreement under Swiss law for our healthcare software company that will be sharing patient data with a third-party analytics provider, with specific provisions for cross-border transfers to Germany and enhanced security measures for sensitive health data."
1. Parties: Identification of the data controller/disclosing party and the recipient/data processor, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, relationship between parties, and purpose of sharing personal information
3. Definitions: Key terms including 'Personal Information', 'Confidential Information', 'Processing', 'Data Subject', 'Security Breach', and other relevant terms as per Swiss FDPA
4. Scope of Confidential Information: Detailed description of what constitutes confidential personal information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of personal information
6. Permitted Use and Processing: Specific permitted purposes and processing activities allowed under the agreement
7. Security Measures: Required technical and organizational measures for protecting personal information
8. Data Subject Rights: Obligations regarding data subject rights under Swiss FDPA and assistance requirements
9. Breach Notification: Procedures and timeframes for reporting security incidents and data breaches
10. Term and Termination: Duration of confidentiality obligations and termination provisions
11. Return or Destruction of Information: Requirements for handling confidential information upon termination
12. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes
1. Cross-border Transfers: Required when personal information may be transferred outside Switzerland, including safeguards and compliance with Swiss FDPA requirements
2. Subprocessing: Needed when the recipient may engage subcontractors to process the personal information
3. Audit Rights: Optional section granting the disclosing party rights to audit compliance, typically included in higher-risk situations
4. Insurance Requirements: Required when specific insurance coverage for data protection incidents is needed
5. GDPR Compliance: Necessary when the processing activities may fall under GDPR scope or involve EU residents
6. Industry-Specific Requirements: Additional provisions for regulated industries (e.g., healthcare, financial services)
1. Schedule 1 - Categories of Personal Information: Detailed list of personal information types covered by the agreement
2. Schedule 2 - Authorized Processing Activities: Specific processing operations and purposes permitted under the agreement
3. Schedule 3 - Technical and Organizational Measures: Detailed security measures and controls required for protecting the personal information
4. Schedule 4 - Authorized Recipients: List of approved individuals or roles who may access the confidential information
5. Appendix A - Data Processing Agreement: Additional terms specific to data processing activities, if required under Swiss FDPA
6. Appendix B - Transfer Impact Assessment: Assessment of risks and safeguards for cross-border transfers, if applicable
Authors
Personal Information
Processing
Data Controller
Data Processor
Data Subject
Sensitive Personal Data
Security Breach
Authorized Purpose
Authorized Recipients
Technical and Organizational Measures
Cross-border Transfer
Security Incident
Permitted Purpose
Applicable Data Protection Laws
Swiss Federal Data Protection Act
Data Protection Officer
Third Party
Subprocessor
Representatives
Transfer Impact Assessment
Information Security Standards
Regulatory Authority
Business Purpose
Confidentiality Obligations
Supervisory Authority
Group Company
Data Protection Impact Assessment
Personal Data Breach
Anonymized Data
Data Protection
Information Security
Data Processing
Breach Notification
Access Rights
Data Subject Rights
Cross-border Transfers
Audit Rights
Term and Duration
Termination
Return or Destruction of Data
Liability
Indemnification
Force Majeure
Assignment
Subcontracting
Notice
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Waiver
Survival
Representations and Warranties
Healthcare & Pharmaceuticals
Financial Services
Technology & Software
Professional Services
Education
Research & Development
Manufacturing
Retail
Insurance
Telecommunications
Human Resources & Recruitment
Legal Services
Marketing & Advertising
Biotechnology
Legal
Compliance
Information Security
Human Resources
Information Technology
Risk Management
Data Protection
Operations
Procurement
Research & Development
Privacy
Vendor Management
Data Protection Officer
Privacy Manager
Compliance Officer
Legal Counsel
Information Security Manager
HR Director
IT Security Manager
Risk Manager
Operations Manager
Project Manager
Research Director
Chief Information Officer
Chief Privacy Officer
Chief Legal Officer
Chief Technology Officer
Procurement Manager
Vendor Relations Manager
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