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Privacy Agreement
"I need a Privacy Agreement for my Swiss-based fintech company that processes customer financial data across Switzerland and the EU, with specific provisions for cross-border transfers and financial sector compliance requirements, to be implemented by March 2025."
1. Parties: Identification of the data controller/processor and the counterparty, including their registered addresses and registration numbers
2. Background: Context of the agreement, relationship between parties, and purpose of data processing
3. Definitions: Key terms used in the agreement, aligned with FADP/DSG terminology
4. Scope and Purpose of Data Processing: Detailed description of what personal data will be processed and for what specific purposes
5. Categories of Personal Data: Specification of the types of personal data being processed
6. Data Subject Rights: Rights of individuals under FADP/DSG and procedures for exercising these rights
7. Data Security Measures: Technical and organizational measures to ensure data security
8. Data Breach Notification: Procedures and timelines for reporting data breaches
9. Cross-border Data Transfers: Rules and safeguards for transferring data outside Switzerland
10. Confidentiality Obligations: Confidentiality requirements for handling personal data
11. Duration and Termination: Term of the agreement and termination provisions
12. Return or Deletion of Data: Obligations regarding data handling upon contract termination
13. Liability and Indemnification: Allocation of risks and responsibilities
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Industry-Specific Compliance: Additional requirements for specific sectors (e.g., healthcare, financial services)
2. Data Protection Impact Assessment: Include when processing high-risk data or using new technologies
3. Joint Controller Provisions: Required when multiple parties jointly determine processing purposes
4. Sub-processor Requirements: Include when sub-processors may be engaged for data processing
5. Insurance Requirements: Specific insurance obligations for high-risk processing activities
6. Audit Rights: Detailed audit provisions for complex processing arrangements
7. Data Protection Officer: Required when parties must designate DPOs under applicable law
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data types and categories being processed
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Data Processing Activities: Detailed description of specific processing operations
5. Schedule 5 - Data Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards
6. Appendix A - Contact Details: Key contacts for data protection matters and breach reporting
7. Appendix B - Standard Forms: Templates for data subject requests, breach notifications, and other standard procedures
Authors
Applicable Data Protection Laws
Authorized Personnel
Business Day
Confidential Information
Controller
Cross-border Transfer
Data Breach
Data Protection Authority
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Request
FADP
GDPR
Joint Controllers
Personal Data
Processing
Processor
Sensitive Personal Data
Services
Sub-processor
Swiss Law
Technical and Organizational Measures
Term
Third Party
Transfer Mechanism
Security Incident
Special Categories of Personal Data
Definitions
Scope of Processing
Controller Obligations
Processor Obligations
Data Security
Confidentiality
Sub-processing
Data Subject Rights
Cross-border Transfers
Audit Rights
Data Breach Notification
Liability
Indemnification
Insurance
Term and Termination
Data Deletion
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Governing Law
Dispute Resolution
Data Protection Impact Assessment
Technical Measures
Organizational Measures
Compliance with Laws
Amendments
Warranties
Financial Services
Healthcare
Technology
E-commerce
Education
Insurance
Telecommunications
Professional Services
Manufacturing
Retail
Pharmaceuticals
Human Resources
Marketing Services
Cloud Services
Research and Development
Legal
Compliance
Information Security
Risk Management
IT
Operations
Procurement
Data Protection
Privacy
Information Management
Vendor Management
Corporate Governance
Technology
Digital Operations
Information Technology Governance
Data Protection Officer
Privacy Counsel
Legal Counsel
Compliance Officer
Information Security Manager
Chief Privacy Officer
Chief Information Security Officer
Risk Manager
IT Director
Operations Manager
Procurement Manager
Contract Manager
Chief Technology Officer
Chief Legal Officer
Data Protection Specialist
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Organizational security
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Innovation in privacy:
Genie partnered with the Computational Privacy Department at Imperial College London
Together, we ran a £1 million research project on privacy and anonymity in legal contracts
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