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This Data Transfer Agreement Clinical Trial template is essential for organizations conducting clinical trials in Switzerland that need to transfer clinical trial data between different entities. The document is specifically designed to comply with Swiss regulatory requirements, including the Federal Act on Data Protection, Human Research Act, and Clinical Trials Ordinance. It should be used whenever clinical trial data needs to be shared between parties such as sponsors, CROs, research institutions, or healthcare facilities. The agreement covers crucial aspects including data protection measures, transfer mechanisms, security requirements, and compliance obligations. It is particularly important in the context of multi-center clinical trials, international research collaborations, and situations where clinical trial data processing is outsourced or shared with third parties. The document ensures that all data transfers maintain compliance with Swiss legal requirements while protecting the interests of trial subjects and maintaining data integrity.

1. Parties: Identification of the data transferor and transferee, including full legal names and addresses

2. Background: Context of the clinical trial, purpose of data transfer, and relationship between parties

3. Definitions: Key terms including Clinical Trial Data, Personal Data, Processing, Transfer, Security Measures, and other relevant terminology

4. Scope and Purpose of Transfer: Detailed description of what data will be transferred and for what specific purposes

5. Compliance with Laws: Obligations to comply with Swiss data protection laws, clinical trial regulations, and other applicable legislation

6. Data Protection Obligations: Specific obligations regarding data protection, including security measures, confidentiality, and data subject rights

7. Transfer Mechanisms: Technical and organizational measures for secure data transfer

8. Security Requirements: Detailed security measures required for data protection

9. Confidentiality: Confidentiality obligations regarding the transferred data

10. Duration and Termination: Term of the agreement and termination provisions

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

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

13. General Provisions: Standard contractual clauses including governing law, jurisdiction, and amendment procedures