This Confidentiality Agreement Data Protection template is essential for businesses operating in or with Swiss entities that need to protect confidential information while ensuring compliance with Swiss data protection laws. The agreement is particularly relevant in light of the revised Federal Act on Data Protection (FADP/DSG 2022) and its increased obligations for data handlers. It should be used whenever parties need to share sensitive business information or personal data in Switzerland, whether in the context of business negotiations, service provision, or collaborative projects. The document incorporates specific Swiss legal requirements for data processing, transfer, and security, making it suitable for both domestic and international arrangements where Swiss law applies. It's designed to protect both the confidentiality of business information and ensure compliance with Swiss data protection regulations, including requirements for cross-border data transfers and data subject rights.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information and personal data
3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Data Protection Laws, Authorized Recipients
4. Scope and Purpose: Detailed description of the permitted uses of confidential information and personal data
5. Confidentiality Obligations: Core obligations regarding non-disclosure, protection of information, and permitted disclosures
6. Data Protection Compliance: Specific obligations under Swiss data protection law, including processing requirements and data subject rights
7. Security Measures: Required technical and organizational measures for protecting confidential information and personal data
8. Return or Destruction: Obligations regarding the return or destruction of confidential information and personal data
9. Breach Notification: Procedures for reporting and handling data breaches or confidentiality breaches
10. Term and Termination: Duration of the agreement and termination provisions
11. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction for disputes
1. Cross-Border Transfers: Required when confidential information or personal data will be transferred outside Switzerland
2. Audit Rights: Optional section granting rights to audit compliance with the agreement
3. Insurance Requirements: Required when dealing with highly sensitive data or high-risk processing
4. Subcontractor Provisions: Required when the receiving party may need to engage subcontractors
5. Specific Industry Requirements: Required for regulated industries like banking, healthcare, or telecommunications
6. Joint Controller Provisions: Required when parties jointly determine the purposes and means of data processing
7. Intellectual Property Rights: Required when confidential information includes IP-protected materials
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Technical and Organizational Measures: Specific security measures required for protecting confidential information and personal data
3. Schedule 3 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
4. Schedule 4 - Data Processing Details: Details of personal data processing including categories of data subjects, types of personal data, and processing purposes
5. Schedule 5 - Transfer Mechanisms: Details of mechanisms for international data transfers, if applicable
Relevant legal definitions
Agreement
Authorized Purpose
Authorized Recipients
Confidential Information
Controller
Data Protection Laws
Data Subject
Data Subject Rights
Disclosing Party
FADP
Personal Data
Personal Data Breach
Processing
Processor
Receiving Party
Representatives
Security Measures
Sensitive Personal Data
Swiss Law
Technical and Organizational Measures
Term
Third Party
Trade Secrets
Transfer Mechanism
Cross-border Transfer
Affiliates
Business Day
Confidentiality Period
Data Protection Officer
Permitted Purpose
Security Breach
Sub-processor
Supervisory Authority
Authorized Purpose
Authorized Recipients
Confidential Information
Controller
Data Protection Laws
Data Subject
Data Subject Rights
Disclosing Party
FADP
Personal Data
Personal Data Breach
Processing
Processor
Receiving Party
Representatives
Security Measures
Sensitive Personal Data
Swiss Law
Technical and Organizational Measures
Term
Third Party
Trade Secrets
Transfer Mechanism
Cross-border Transfer
Affiliates
Business Day
Confidentiality Period
Data Protection Officer
Permitted Purpose
Security Breach
Sub-processor
Supervisory Authority
Clauses
Confidentiality
Data Protection
Data Processing
Data Security
Data Transfer
Data Subject Rights
Breach Notification
Access Control
Information Security
Audit Rights
Return or Destruction
Term and Duration
Termination
Governing Law
Jurisdiction
Indemnification
Liability
Force Majeure
Assignment
Severability
Entire Agreement
Amendment
Notices
Waiver
Remedies
Survival
Third Party Rights
Counterparts
Non-Disclosure
Non-Solicitation
Subcontracting
Compliance with Laws
Dispute Resolution
Data Protection
Data Processing
Data Security
Data Transfer
Data Subject Rights
Breach Notification
Access Control
Information Security
Audit Rights
Return or Destruction
Term and Duration
Termination
Governing Law
Jurisdiction
Indemnification
Liability
Force Majeure
Assignment
Severability
Entire Agreement
Amendment
Notices
Waiver
Remedies
Survival
Third Party Rights
Counterparts
Non-Disclosure
Non-Solicitation
Subcontracting
Compliance with Laws
Dispute Resolution
Relevant Industries
Financial Services
Healthcare
Technology
Pharmaceutical
Manufacturing
Professional Services
Research & Development
Telecommunications
Education
Insurance
Biotechnology
Software Development
Management Consulting
Legal Services
Cloud Computing
Relevant Teams
Legal
Compliance
Information Security
Data Protection
Risk Management
Information Technology
Human Resources
Research & Development
Procurement
Business Development
Operations
Privacy
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Legal Counsel
Compliance Manager
IT Security Manager
Risk Manager
Project Manager
Business Development Manager
Research Director
HR Director
Chief Technology Officer
Information Security Analyst
Privacy Analyst
Procurement Manager
Contract Manager
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