Swiss Transfers Sample Clauses
The Swiss Transfers clause governs the process and conditions under which funds or assets are transferred to or from Swiss financial institutions. Typically, this clause outlines the requirements for initiating such transfers, including necessary documentation, compliance with Swiss banking regulations, and any applicable fees or timelines. For example, it may specify that all transfers must comply with anti-money laundering laws and detail the steps for confirming receipt of funds. The core function of this clause is to ensure that all parties understand and adhere to the legal and procedural requirements for conducting financial transactions involving Switzerland, thereby reducing the risk of regulatory breaches and facilitating smooth cross-border transfers.
Swiss Transfers. In relation to European Data that is subject to the Swiss DPA, the Standard Contractual Clauses will apply in accordance with sub-section (a) and the following modifications (i) references to "Regulation (EU) 2016/679" will be interpreted as references to the Swiss DPA; (ii) references to "EU", "Union" and "Member State law" will be interpreted as references to Swiss law; and (iii) references to the "competent supervisory authority" and "competent courts" will be replaced with the "the Swiss Federal Data Protection and Information Commissioner " and the "relevant courts in Switzerland".
Swiss Transfers. In relation to European Data that is subject to the Swiss DPA, the Standard Contractual Clauses will apply in accordance with sub-section
Swiss Transfers in relation to Personal Data that is protected by the Swiss FADP (as amended or replaced), the EU SCCs, completed as set out about in clause 6.2(a) of this DPA, shall apply to transfers of such Personal Data, except that:
(i) the competent supervisory authority in respect of such Personal Data shall be the Swiss Federal Data Protection and Information Commissioner;
(ii) in Clause 17, the governing law shall be the laws of Switzerland;
(iii) references to “Member State(s)” in the EU SCCs shall be interpreted to refer to Switzerland, and data subjects located in Switzerland shall be entitled to exercise and enforce their rights under the EU SCCs in Switzerland; and
(iv) references to the “General Data Protection Regulation”, “Regulation 2016/679” or “GDPR” in the EU SCCs shall be understood to be references to the Swiss FADP (as amended or replaced).
Swiss Transfers. 9.3.3.1 To the extent Personal Data is transferred to Service Provider and processed by or on behalf of Service Provider outside Switzerland (except if in an Adequate Country) in circumstances where such transfer would be prohibited by Swiss Data Protection Laws in the absence of a transfer mechanism, the parties agree that the EU Clauses subject to the Swiss Addendum will apply in respect of that processing. The Swiss Addendum is incorporated into this Privacy Addendum. 9.3.3.2 Schedule 3 and Schedule 4 contains the information required for the Swiss Addendum, including for the purposes of transfers to which this clause
Swiss Transfers. In relation to Personal Data that is protected by the Swiss FADP, the SCCs will apply in accordance with paragraph a.(i)-(viii) above with the following modifications:
i. references to "Regulation (EU) 2016/679" shall be interpreted as references to the Swiss FADP;
ii. references to specific Articles of "Regulation (EU) 2016/679" shall be replaced with the equivalent article or section of the Swiss FADP;
iii. references to "EU", "Union", "Member State" and "Member State law" shall be replaced with references to "Switzerland" or "Swiss law";
iv. the term "member state" shall not be interpreted in such a way as to exclude data subjects in Switzerland from the possibility of suing for their rights in their place of habitual residence (i.e., Switzerland);
v. Clause 13(a) and Part C of Annex I are not used and the "competent supervisory authority" is the Swiss Federal Data Protection Information Commissioner;
vi. references to the "competent supervisory authority" and "competent courts" shall be replaced with references to the "Swiss Federal Data Protection Information Commissioner" and "applicable courts of Switzerland";
vii. in Clause 17, the SCCs shall be governed by the laws of Switzerland; and
viii. Clause 18(b) shall state that disputes shall be resolved before the applicable courts of Switzerland.
Swiss Transfers in relation to Personal Data protected by the Swiss DPA, the EU SCCs, completed as set out above in clause 5.2.1 of this DPA, shall apply to transfers of such Personal Data, except that:
(i) the supervisory authority in respect of Personal Data shall be the Swiss Federal Data Protection and Information Commissioner;
(ii) references to “Member State(s)” in the EU SCCs shall be interpreted to refer to Switzerland, and data subjects located in Switzerland shall be entitled to exercise and enforce their rights under the EU SCCs in Switzerland; and
(iii) references to the “General Data Protection Regulation”, “Regulation 2016/679” or “GDPR” in the EU SCCs shall be understood to be references to the Swiss DPA.
Swiss Transfers. (Where Personal Data protected by the Swiss FADP is transferred, either directly or via onward transfer, to any other country that is not subject to an adequacy decision, the EU SCCs apply as stated in in Section 1.2 (European Transfers) above with the following modifications:
(a) All references in the EU SCCs to “Regulation (EU) 2016/679” will be interpreted as references to the Swiss FADP, and references to specific Articles of “Regulation (EU) 2016/679” will be replaced with the equivalent article or section of the Swiss FADP; all references to the EU Data Protection Law in this DPA will be interpreted as references to the FADP.
(b) In Clause 13, the competent supervisory authority is the Swiss Federal Data Protection and Information Commissioner. (c)! In Clause 17, the EU SCCs are governed by the laws of Switzerland.
Swiss Transfers. Where Customer Personal Data is protected by the FADP and is subject to a Restricted Transfer, the following applies:
3.1. The EU SCCs apply as set forth in Section 2 (EU Transfers) of this Schedule 3 with the following modifications:
(a) in Clause 13, the competent supervisory authority shall be the Swiss Federal Data Protection and Information Commissioner;
(b) in Clause 17 (Option 1), the EU SCCs will be governed by the laws of Switzerland;
(c) in Clause 18(b), disputes will be resolved before the courts of Switzerland;
(d) the term Member State must not be interpreted in such a way as to exclude Data Subjects in Switzerland from enforcing their rights in their place of habitual residence in accordance with Clause 18(c); and
(e) all references to the EU GDPR in this DPA are also deemed to refer to the FADP.
Swiss Transfers. In relation to Personal Data that is protected by the Swiss FADP, the SCCs as implemented under Section 10.3.1 (EEA Transfers) will apply with the following modifications: (A) references to “Regulation (EU) 2016/679” are interpreted as references to the Swiss FADP;
Swiss Transfers. In the event of a Restricted Transfer to a recipient outside of Switzerland, then such transfers shall be governed by the EU SCCs as set forth in Section 12.1 above, which shall be entered into and incorporated into this DPA by reference and modified as follows:
(a) in Clause 13 the competent supervisory authority shall be the Swiss Federal Data Protection and Information Commissioner;
(b) in Clause 17 (Option 1), the EU SCCs will be governed by the laws of Switzerland;
(c) in Clause 18(b), disputes will be resolved before the courts of Switzerland;
(d) the term Member State must not be interpreted in such a way as to exclude Data Subjects in Switzerland from enforcing their rights in their place of habitual residence in accordance with Clause 18(c); and
(e) all references to the EU GDPR in this DPA are also deemed to refer to the FADP.