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Intercompany Data Processing Agreement Template for Switzerland

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Key Requirements PROMPT example:

Intercompany Data Processing Agreement

"I need an Intercompany Data Processing Agreement under Swiss law for our pharmaceutical group company, where our Zurich headquarters will act as controller for customer data processing by our subsidiary manufacturing facilities across Europe, to be implemented by March 2025."

Document background
This Intercompany Data Processing Agreement is essential for multinational organizations operating in or from Switzerland that need to regulate personal data processing activities between group entities. The document is specifically designed to comply with Swiss data protection law requirements, particularly the revised Federal Data Protection Act (revFADP), while also considering GDPR standards where relevant. It should be used whenever one group entity processes personal data on behalf of another group entity, establishing clear controller-processor relationships, defining security standards, and ensuring proper data protection safeguards. The agreement includes comprehensive provisions for cross-border data transfers, breach notification procedures, and audit rights, making it suitable for complex international group structures while maintaining compliance with Swiss regulatory requirements.
Suggested Sections

1. Parties: Identification of the group companies entering into the agreement, including their roles as data controller(s) and data processor(s)

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

3. Definitions: Definitions of key terms used in the agreement, aligned with Swiss FADP and GDPR terminology

4. Scope and Purpose: Detailed description of the data processing activities covered by the agreement

5. Roles and Responsibilities: Clear delineation of roles as controller/processor and respective responsibilities

6. Data Processing Requirements: Specific requirements for processing personal data, including lawful basis and processing principles

7. Security Measures: Overview of required technical and organizational measures to ensure data security

8. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with their rights

9. Confidentiality: Confidentiality obligations regarding the processed personal data

10. Subprocessing: Conditions and requirements for engaging subprocessors

11. Data Breach Notification: Procedures and timeframes for reporting and handling personal data breaches

12. Audit Rights: Provisions for conducting audits and inspections

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

14. Return or Deletion of Data: Obligations regarding data handling upon termination

15. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Cross-Border Transfers: Required when personal data will be transferred outside Switzerland or the EEA, including specific safeguards and transfer mechanisms

2. Industry-Specific Requirements: Additional provisions for specific industries (e.g., banking, healthcare) subject to additional regulatory requirements

3. Joint Controller Provisions: Required when the relationship between the parties qualifies as joint controllership rather than controller-processor

4. Insurance Requirements: Specific insurance obligations for data processing activities, if required by company policy or risk assessment

5. Business Continuity: Specific provisions for ensuring continuous data processing operations, required for critical business functions

6. Data Protection Impact Assessment: Procedures for conducting DPIAs when required by the nature of processing

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes

2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented to protect personal data

3. Schedule 3 - Approved Subprocessors: List of approved subprocessors and their processing activities

4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for international data transfers, including standard contractual clauses if applicable

5. Schedule 5 - Contact Points: List of key contacts for data protection matters, breach notification, and data subject requests

6. Appendix A - Data Subject Rights Procedure: Detailed procedures for handling data subject requests

7. Appendix B - Data Breach Response Plan: Detailed procedures for responding to and documenting data breaches

Authors

Alex Denne

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

Relevant legal definitions

































Clauses





























Relevant Industries

Financial Services

Healthcare

Manufacturing

Technology

Retail

Professional Services

Telecommunications

Insurance

Pharmaceuticals

Energy

Transportation & Logistics

Consumer Goods

Education

Relevant Teams

Legal

Compliance

Privacy

Information Security

IT

Risk Management

Data Governance

Information Management

Corporate Governance

Procurement

Operations

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Legal Officer

General Counsel

Privacy Manager

Compliance Officer

Information Security Officer

Chief Information Security Officer

Legal Counsel

Privacy Counsel

Contract Manager

Chief Technology Officer

IT Director

Risk Manager

Corporate Secretary

Head of Compliance

Head of Data Governance

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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