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Privacy Waiver Template for Switzerland

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Key Requirements PROMPT example:

Privacy Waiver

"I need a Privacy Waiver under Swiss law for a pharmaceutical clinical trial starting March 2025, where we'll be collecting sensitive health data from participants across multiple cantons and sharing it with research partners in Germany."

Document background
The Privacy Waiver is essential in situations where organizations need to process personal data beyond the standard scope permitted by Swiss privacy laws. This document is particularly relevant when conducting research, implementing special projects, or engaging in activities requiring expanded data processing rights. The Privacy Waiver must comply with the Federal Act on Data Protection (FADP/DSG) and related Swiss regulations, ensuring that while certain privacy rights are waived, fundamental privacy protections remain intact. The document specifies the scope of waived rights, processing purposes, duration, and security measures, while acknowledging that certain fundamental privacy rights cannot be waived under Swiss law. It's crucial for scenarios involving sensitive personal data, cross-border data transfers, or specialized data processing activities that require explicit consent and waiver of specific privacy rights.
Suggested Sections

1. Parties: Identification of the data subject (individual giving the waiver) and the data controller/processor (organization receiving the waiver)

2. Background: Context of the waiver, including the relationship between parties and general purpose for which the waiver is being granted

3. Definitions: Key terms including types of personal data, processing activities, and other relevant terminology aligned with Swiss data protection law

4. Scope of Waiver: Specific privacy rights being waived, with clear delimitation of what is and isn't included in the waiver

5. Purpose Limitation: Explicit description of the purposes for which the waived rights may be exercised by the receiving party

6. Duration: Time period for which the waiver is valid, including start date and end date or conditions for termination

7. Retained Rights: Clear statement of privacy rights that are not waived and remain with the data subject

8. Revocation Rights: Conditions under which the data subject can revoke the waiver and the process for doing so

9. Data Security: Commitments regarding the security measures to protect the personal data despite the waiver

10. Governing Law: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Cross-border Transfers: Required when personal data may be transferred outside Switzerland, addressing compliance with Swiss and international data protection requirements

2. Sensitive Data Processing: Required when the waiver covers special categories of personal data as defined in Swiss law

3. Third Party Rights: Required when the waiver may affect the privacy rights of other individuals or entities

4. Compensation: Optional section for cases where the privacy waiver is granted in exchange for specific consideration

5. Insurance and Indemnity: Optional section for high-risk situations where specific insurance coverage or indemnification is required

6. Dispute Resolution: Optional detailed procedures for handling disputes, beyond basic governing law provisions

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories covered by the waiver

2. Schedule 2 - Authorized Processing Activities: Specific list of processing activities permitted under the waiver

3. Schedule 3 - Security Measures: Detailed description of security measures to be maintained

4. Appendix A - Consent Form: Separate signature page confirming informed consent to specific aspects of the waiver

5. Appendix B - Data Subject Rights Summary: Summary of retained data protection rights for reference

6. Appendix C - Revocation Form: Template form for future revocation of the waiver

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

Healthcare

Financial Services

Research & Development

Media & Entertainment

Education

Clinical Trials

Marketing & Advertising

Human Resources

Insurance

Technology

Professional Services

Telecommunications

Market Research

Pharmaceutical

Relevant Teams

Legal

Compliance

Data Protection

Human Resources

Information Security

Risk Management

Research & Development

Clinical Operations

Marketing

Regulatory Affairs

Privacy Office

Ethics Committee

Information Technology

Corporate Governance

Relevant Roles

Data Protection Officer

Privacy Manager

Legal Counsel

Compliance Officer

Research Director

Human Resources Manager

Clinical Trial Coordinator

Information Security Officer

Risk Manager

Project Manager

Marketing Director

Chief Privacy Officer

Data Protection Specialist

Regulatory Affairs Manager

Research Ethics Coordinator

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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