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1. Parties: Identification of the data exporter and data importer, including their full legal names, registration details, and addresses
2. Background: Context of the data transfer relationship and purpose of the agreement
3. Definitions: Definitions of key terms used in the agreement, including specific Swiss law terminology
4. Scope and Purpose: Details of the data transfer activities, categories of data, and purposes of processing
5. Roles and Responsibilities: Clear delineation of parties' roles (controller/processor) and their respective obligations
6. Data Protection Safeguards: Technical and organizational measures required to protect personal data
7. Transfer Mechanism: Legal basis for the transfer and compliance with Swiss data protection requirements
8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under Swiss law
9. Security Breach Notification: Procedures and timeframes for reporting and handling data breaches
10. Audit Rights: Rights and procedures for conducting audits of data protection compliance
11. Duration and Termination: Term of the agreement and conditions for termination
12. Governing Law and Jurisdiction: Specification of Swiss law governance and jurisdiction for disputes
13. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments
1. Sub-processing: Required when the data importer intends to use sub-processors, detailing approval processes and obligations
2. Special Categories of Data: Required when sensitive personal data is being transferred, specifying additional safeguards
3. Data Retention and Deletion: Detailed requirements for data retention periods and deletion procedures, if not covered in main sections
4. Insurance Requirements: Specific insurance obligations for data protection risks, if required by either party
5. Business Continuity: Disaster recovery and business continuity requirements, if critical to the data processing
6. Joint Controller Provisions: Required when parties act as joint controllers, detailing shared responsibilities
7. Import/Export Compliance: Required for transfers involving countries with specific data localization requirements
1. Schedule 1 - Description of Transfer: Detailed description of data transfers including data categories, subjects, purposes, and processing activities
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented to protect the transferred data
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities, if applicable
4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for transfers to countries without adequate protection
5. Appendix A - Contact Points: List of key contacts for operational, legal, and data protection matters
6. Appendix B - Data Processing Details: Specific details about processing operations, including systems, locations, and procedures
7. Appendix C - Standard Contractual Clauses: If applicable, incorporation of standard contractual clauses approved by Swiss authorities
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