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Data Disclosure Agreement for Switzerland

Data Disclosure Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss law that establishes the terms and conditions for the disclosure, handling, and protection of data between parties. This document incorporates requirements from the Swiss Federal Act on Data Protection (FADP) and related regulations, ensuring compliance with Switzerland's robust data protection framework. It details the obligations of both the disclosing and receiving parties, security measures, permitted uses of data, and compliance requirements while providing mechanisms for data protection and confidentiality in line with Swiss legal standards.

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What is a Data Disclosure Agreement?

The Data Disclosure Agreement serves as a critical legal instrument for organizations needing to share sensitive or confidential data while ensuring compliance with Swiss data protection laws. This document is essential when entities need to exchange proprietary information, personal data, or confidential business information in a controlled and secure manner. It is particularly relevant in Switzerland's regulatory environment, which maintains strict data protection standards through the FADP and related regulations. The agreement should be used whenever there is a need to formally document the terms of data sharing, establish clear responsibilities for data handling, and ensure compliance with Swiss legal requirements for data protection. It typically includes detailed provisions on data security measures, permitted uses, confidentiality obligations, and compliance requirements.

What sections should be included in a Data Disclosure Agreement?

1. Parties: Identification and details of the data discloser and data recipient, including registered addresses and company details

2. Background: Context of the agreement, relationship between parties, and purpose of data disclosure

3. Definitions: Definitions of key terms used throughout the agreement, including types of data, processing activities, and technical terms

4. Scope and Purpose: Detailed description of the data to be disclosed and permitted purposes for its use

5. Data Protection Compliance: Obligations under Swiss data protection law, including FADP compliance requirements

6. Data Security Measures: Required technical and organizational measures for data protection

7. Confidentiality Obligations: Confidentiality requirements and restrictions on data use

8. Data Transfer and Processing: Rules for handling, processing, and transferring the disclosed data

9. Duration and Termination: Term of the agreement and circumstances for termination

10. Return or Destruction of Data: Obligations regarding data handling upon termination

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

What sections are optional to include in a Data Disclosure Agreement?

1. Cross-border Data Transfers: Required when data will be transferred outside Switzerland, addressing additional requirements for international transfers

2. Audit Rights: Include when regular auditing of data handling practices is required

3. Subprocessing: Include when the recipient may need to engage subprocessors to handle the data

4. Insurance Requirements: Include when specific insurance coverage for data incidents is required

5. Data Breach Notification: Detailed procedures for handling data breaches, recommended for sensitive data

6. Intellectual Property Rights: Include when the disclosed data involves intellectual property considerations

7. Force Majeure: Include when specific provisions for extraordinary circumstances affecting data handling are needed

What schedules should be included in a Data Disclosure Agreement?

1. Schedule 1: Description of Data: Detailed listing and categorization of data to be disclosed

2. Schedule 2: Technical and Security Requirements: Specific technical and organizational security measures required

3. Schedule 3: Authorized Personnel: List of authorized individuals who may access the data

4. Schedule 4: Data Processing Activities: Detailed description of permitted processing activities

5. Schedule 5: Service Level Requirements: Performance metrics and requirements for data handling

6. Appendix A: Contact Details: Key contacts for operational and emergency communications

7. Appendix B: Data Transfer Procedures: Step-by-step procedures for secure data transfer

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

Jurisdiction

Switzerland

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions




































Clauses































Relevant Industries

Financial Services

Healthcare

Technology

Professional Services

Research & Development

Pharmaceuticals

Manufacturing

Education

Telecommunications

Insurance

Biotechnology

Consulting

Relevant Teams

Legal

Compliance

Information Security

Data Protection

Risk Management

Information Technology

Privacy

Research & Development

Contract Management

Data Governance

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

Chief Information Security Officer

Chief Technology Officer

Privacy Manager

Contract Manager

Chief Legal Officer

Data Governance Manager

Information Technology Director

Research Director

Business Development Manager

Industries








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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