Consent Authorization

Consent Authorization Template for Switzerland

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Key Requirements PROMPT example:

"I need a Consent Authorization document for our Swiss-based pharmaceutical company to obtain patient consent for a clinical trial starting in March 2025, including provisions for sharing anonymized data with research partners in the EU and provisions for handling sensitive health data."

Document background

The Consent Authorization is a critical document used in Switzerland to ensure compliance with the Federal Act on Data Protection (FADP/DSG) and related privacy regulations. It is required whenever an organization needs to obtain explicit, informed consent from individuals for processing their personal data. This document is particularly important given Switzerland's stringent data protection framework, which operates independently of but parallel to EU GDPR standards. The authorization should be used when collecting, processing, or transferring personal data, especially for sensitive data categories or cross-border transfers. It must clearly outline the scope of consent, processing purposes, data subject rights, and security measures, while meeting Swiss legal requirements for transparency and specificity.

Suggested Sections

1. Parties: Identification of the data subject (consenting party) and the organization/entity receiving the consent, including full legal names and contact details

2. Background: Context of the consent authorization and the relationship between the parties

3. Definitions: Clear definitions of key terms used in the document, particularly technical or legal terms

4. Purpose of Data Processing: Specific, explicit description of why the personal data is being collected and how it will be used

5. Scope of Consent: Detailed description of what exactly is being consented to, including types of data and processing activities

6. Duration of Consent: Period for which the consent remains valid and conditions for expiration

7. Rights of the Data Subject: Clear explanation of the data subject's rights under Swiss law, including right to withdraw consent

8. Data Security Measures: Overview of measures taken to protect the personal data

9. Declaration and Signature: Formal consent declaration and signature blocks for all parties

Optional Sections

1. Cross-border Data Transfers: Required when personal data may be transferred outside Switzerland, detailing the countries involved and safeguards in place

2. Special Categories of Data: Required when processing sensitive personal data (health, religious beliefs, etc.), detailing additional safeguards

3. Third-Party Recipients: Required when data will be shared with third parties, listing recipients or categories of recipients

4. Automated Decision Making: Required when automated processing or profiling is involved, explaining the logic and consequences

5. Research Purposes: Required for medical or scientific research contexts, including specific provisions under the Human Research Act

6. Professional Secrecy Waiver: Required when consent involves waiving professional confidentiality protections under Article 321 of Swiss Criminal Code

Suggested Schedules

1. Schedule 1 - Types of Personal Data: Detailed list of all personal data types being collected and processed

2. Schedule 2 - Processing Activities: Detailed description of all data processing activities covered by the consent

3. Schedule 3 - Security Measures: Technical and organizational measures implemented to protect the data

4. Appendix A - Data Subject Rights Guide: Detailed guide explaining how data subjects can exercise their rights

5. Appendix B - Contact Information: Detailed contact information for data protection queries and rights exercises

Authors

Alex Denne

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

alex.den.21@genieai.co

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Healthcare

Financial Services

Insurance

Pharmaceuticals

Research & Development

Education

Technology

Professional Services

Manufacturing

Retail

Telecommunications

Human Resources

Clinical Research

Legal Services

Relevant Teams

Legal

Compliance

Data Protection

Information Security

Human Resources

Research & Development

Clinical Operations

Risk Management

Regulatory Affairs

Information Technology

Privacy Office

Records Management

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Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Risk Manager

Information Security Officer

HR Director

Research Director

Clinical Trial Manager

IT Security Manager

Corporate Secretary

Chief Privacy Officer

Regulatory Affairs Manager

Records Manager

Data Protection Specialist

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