DATA TRANSFERS FROM SWITZERLAND Clause Samples
The 'Data Transfers from Switzerland' clause governs how personal data originating from Switzerland can be transferred to other countries, ensuring compliance with Swiss data protection laws. Typically, this clause outlines the legal mechanisms—such as standard contractual clauses or adequacy decisions—that must be in place before data can be sent outside Switzerland. Its core function is to protect the privacy rights of Swiss data subjects and ensure that their data receives adequate protection even when processed abroad, thereby addressing regulatory requirements and mitigating legal risks for the parties involved.
DATA TRANSFERS FROM SWITZERLAND. In case of any transfers of Personal Data from Switzerland subject exclusively to the Data Protection Laws and Regulations of Switzerland (“Swiss Data Protection Laws”), the following provisions apply:
1. General and specific references in the Standard Contractual Clauses to GDPR, or EU or Member State Law, shall have the same meaning as the equivalent reference in Swiss Data Protection Laws, as applicable.
2. In respect of data transfers governed by Swiss Data Protection Laws, the Standard Contractual Clauses also apply to the transfer of information relating to an identified or identifiable legal entity where such information is protected similarly as Personal Data under Swiss Data Protection Laws until such laws are amended to no longer apply to a legal entity.
3. Where the data exporter is established in Switzerland or falls within the territorial scope of application of Swiss Data Protection Laws, the Swiss Federal Data Protection and Information Commissioner shall act as competent supervisory authority insofar as the relevant data transfer is governed by Swiss Data Protection Laws.
4. For Data Subjects habitually resident in Switzerland, the courts of Switzerland are an alternative place of jurisdiction in respect of disputes.
DATA TRANSFERS FROM SWITZERLAND. To the extent that the Swiss Supervisory Authority considers the SCCs to provide appropriate safeguards for the purposes of transferring Personal Information and the data of legal entities, the following amendments shall apply in relation to Swiss transfers: (i) the Parties adopt the GDPR standard for all data transfers; (ii) in relation to Clause 13a, the EU Supervisory Authority shall be competent insofar as the data transfer is governed by the GDPR and the Swiss Supervisory Authority (FDPIC) shall conduct parallel supervision as applicable; and (iii) in relation to Clause 18 c, the term ’member state’ shall be interpreted in such a way as to allow data subjects in Switzerland with the possibility of suing for their rights in their place of habitual residence (Switzerland).
DATA TRANSFERS FROM SWITZERLAND. For data transfers from Switzerland that are subject to the Standard Contractual Clauses, the Standard Contractual Clauses will be deemed entered into (and incorporated into this Addendum by this reference) and completed as set out in Section 2.1 of this Schedule 1, subject to the following modifications:
(i) references to “EU Member State” and “Member State” will be interpreted to include Switzerland, and
(ii) insofar as the transfer or onward transfers are subject to the Swiss Federal Act on Data Protection, as revised (FADP):
(1) references to "Regulation (EU) 2016/679" are to be interpreted as references to the FADP;
(2) the "competent supervisory authority" in ▇▇▇▇▇ ▇, Part C will be the Swiss Federal Data Protection and Information Commissioner;
(3) in Clause 17 (Option 1), the EU Standard Contractual Clauses will be governed by the laws of Switzerland; and
(4) in Clause 18(b) of the EU Standard Contractual Clauses, disputes will be resolved before the courts of Switzerland.
DATA TRANSFERS FROM SWITZERLAND. In case of any transfers of Personal Data from Switzerland subject exclusively to the Data Protection Laws and Regulations of Switzerland (“Swiss Data Protection Laws”), the following provisions apply: