A Controller To Controller Data Processing Agreement is essential when two organizations, each acting as independent data controllers, need to share personal data in Switzerland. This agreement is specifically designed to comply with the Swiss Federal Act on Data Protection (FADP/nFADP 2022) and becomes necessary when both parties independently determine the purposes and means of processing personal data they share with each other. The document outlines mutual obligations, security requirements, data subject rights handling, and breach notification procedures. It's particularly relevant for cross-organizational data sharing, joint ventures, or collaborative projects where both parties maintain separate control over data processing activities. The agreement should address Swiss legal requirements while considering potential international data protection standards, especially when dealing with cross-border data transfers or EU-based partners.
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1. Parties: Identification of the contracting parties (both controllers) including full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between the parties, and purpose of the data sharing arrangement
3. Definitions: Definitions of key terms used in the agreement, including technical terms and references to applicable laws
4. Scope and Purpose of Data Processing: Detailed description of the data processing activities, categories of data, and purposes of processing
5. Roles and Responsibilities: Clear delineation of each controller's obligations and responsibilities regarding data processing
6. Lawful Basis for Processing: Specification of the legal grounds for data processing under Swiss law
7. Data Protection Principles: Commitment to comply with fundamental data protection principles under FADP
8. Data Subject Rights: Procedures for handling data subject requests and ensuring rights can be exercised
9. Data Security: Security measures required to protect personal data during processing and transfer
10. Data Breach Notification: Procedures for notifying about and handling personal data breaches
11. Confidentiality: Obligations regarding confidentiality of processed data
12. Term and Termination: Duration of the agreement and conditions for termination
13. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Cross-border Data Transfers: Required when personal data will be transferred outside Switzerland, including safeguards and mechanisms for international transfers
2. Audit Rights: Include when parties require mutual audit rights to ensure compliance
3. Sub-processing: Include when either controller may engage sub-processors for data processing activities
4. Insurance: Include when specific insurance coverage requirements are needed for data processing activities
5. Joint Processing Activities: Required when controllers jointly determine processing purposes and means
6. Industry-Specific Requirements: Include when processing involves regulated industries (e.g., healthcare, financial services)
7. Data Protection Impact Assessments: Include when high-risk processing activities require DPIAs
8. Liability and Indemnification: Detailed provisions on liability allocation and indemnification obligations
1. Schedule 1 - Categories of Data: Detailed list of personal data categories being processed
2. Schedule 2 - Processing Activities: Detailed description of specific processing activities and purposes
3. Schedule 3 - Technical and Organizational Measures: Specific security measures implemented by both parties
4. Schedule 4 - Contact Points: List of key contacts for operational, legal, and data protection matters
5. Schedule 5 - Data Retention Periods: Specific retention periods for different categories of data
6. Appendix A - Data Transfer Mechanisms: Details of mechanisms used for any cross-border data transfers
7. Appendix B - Sub-processors: List of approved sub-processors if applicable
8. Appendix C - Security Breach Response Plan: Detailed procedures for handling data breaches
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