A Sub Processing Agreement is essential when a primary data processor needs to engage another entity (sub-processor) to process personal data on its behalf. This document is particularly crucial in the Swiss legal context, where data protection requirements are stringent and align closely with European standards. The agreement must comply with the Swiss Federal Data Protection Act (FADP/DSG) and may also need to address GDPR requirements if European data is involved. It typically includes detailed provisions on data security measures, breach reporting obligations, audit rights, and liability arrangements. The Sub Processing Agreement is commonly used in outsourcing arrangements, cloud services implementations, or any scenario where data processing activities are delegated to third parties. It serves as a critical tool for ensuring unbroken accountability and compliance in data processing chains.
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1. Parties: Identification of the main processor and sub-processor, including full legal names, registration details, and addresses
2. Background: Context of the agreement, reference to the main processing agreement, and the need for sub-processing services
3. Definitions: Key terms used throughout the agreement, including specific Swiss law terminology and data protection concepts
4. Scope and Purpose: Detailed description of the sub-processing services and the types of personal data to be processed
5. Duration and Termination: Term of the agreement, termination conditions, and consequences of termination
6. Sub-processor Obligations: Core obligations including data processing instructions, confidentiality, security measures, and compliance requirements
7. Data Protection Safeguards: Specific measures to ensure compliance with Swiss FADP and other applicable data protection laws
8. Security Requirements: Mandatory security measures and protocols for data protection
9. Audit Rights: Processor's rights to audit and inspect sub-processor's compliance
10. Data Breach Notification: Procedures and timeframes for reporting data breaches
11. Liability and Indemnification: Allocation of responsibility and liability between parties
12. General Provisions: Standard contractual terms including governing law, jurisdiction, and entire agreement provisions
1. International Data Transfers: Required if personal data will be transferred outside Switzerland, including specific safeguards and mechanisms
2. Industry-Specific Compliance: Additional provisions for regulated industries (e.g., financial services, healthcare)
3. Disaster Recovery: Detailed business continuity and disaster recovery procedures, recommended for critical services
4. Insurance Requirements: Specific insurance obligations, recommended for high-risk processing activities
5. Sub-sub-processing: Terms governing any further sub-processing, if permitted
6. Special Categories of Data: Additional safeguards for processing sensitive personal data
7. Exit Management: Detailed procedures for transition of services upon termination, recommended for complex processing arrangements
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Measures: Comprehensive list of security measures and controls implemented by the sub-processor
3. Schedule 3 - Service Levels: Performance metrics and service level requirements for the sub-processing services
4. Schedule 4 - Fee Schedule: Pricing and payment terms for the sub-processing services
5. Schedule 5 - Approved Sub-sub-processors: List of any approved further sub-processors, if applicable
6. Appendix A - Data Breach Response Plan: Detailed procedures and contact information for handling data breaches
7. Appendix B - Audit Procedures: Specific procedures and requirements for conducting audits
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