On this page, we provide you with an overview of the most important aspects of a data processing agreement (DPA) in Switzerland, including the elements to be taken into account when drafting the contract.
You will then be provided with a legally compliant template of a data processing agreement under Swiss law. The template was created in collaboration with Swico and swissICT.
… the provision of services involves the processing of personal data (for example, web tracking, electronic time recording, cloud computing, etc.)
… you are a provider of services that require you to process personal data of your customer, their employees or clients
… you as a customer have contracted for services that require the processing of data (for example, outsourcing of payroll)
This present DPA relates to the processing of personal data, as contemplated in a main agreement. This means that the DPA is not a stand-alone contract. Rather, it supplements an original agreement to cover the processing of personal data. The parties have entered into one or more (main) agreements in which the supplier provides services to the customer or the customer’s clients, and the provision of these services qualifies as processing of personal data within the meaning of data protection law.
To the extent that the supplier processes personal data of the customer or its clients (“data“) as part of their cooperation as a processor or sub-processor in compliance with the applicable data protection laws, the DPA supplements the main agreement and specifies the obligations of the parties with regard to data protection, in particular with regard to the mandatory requirements of Europe’s General Data Protection Regulation (GDPR). The DPA governs all rights and obligations of the customer vis-à-vis the supplier as a data processor and the principles of data security, confidentiality and data protection to be complied with on the basis of the latest issue of the GDPR.
This DPA serves as a supplementary agreement to an existing or simultaneously concluded agreement between a supplier and its customer. The DPA supplements the agreement with the provisions on the processing of personal data within the meaning of the applicable data protection law (Swiss Data Protection Act and/or EU-GDPR).
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