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. 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. 7.4.1 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 DPA.
7.4.2 Annex 7 contains the information required by the EU Clauses, including for the purposes of transfers to which this clause 7.4 applies.
Swiss Transfers. Transfers of Swiss Transferred Data to a Third Country, will be made - In accordance with the EU SCCs as detailed in section 2 above, as recognized by the FDPIC on August 27, 2021, with the following modifications: (A) references to ‘EU’, ‘Union’, ‘Member State’ and ‘Member State law’ will be interpreted as references to ‘Switzerland’, and ‘Swiss law’, as applicable; and, (B) references to ‘Competent Supervisory Authority’ and ‘Competent courts’ will be interpreted as references to the FDIPC and Competent courts in Switzerland; or, if the EU SCCs as implemented above cannot be used to lawfully Transfer Swiss Transferred Data in compliance with the nFADP, the Swiss SCCs will instead be incorporated by reference, will form an integral part of this DPA, and will apply to Swiss Transferred Data. In such case, the relevant Annexes of the Swiss SCCs will be populated using the information contained in ANNEXES A-B to the DPA.
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 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 relation to Personal Data that is subject to the Swiss FADP, the SCCs shall apply in accordance with Section 8.3(a) with the following modifications (i) references to "Regulation (EU) 2016/679" shall be interpreted as references to the Swiss FADP; (ii) references to "EU", "Union" and "Member State law" shall be interpreted as references to Swiss law; and (iii) references to the "competent supervisory authority" and "competent courts" shall be replaced with the "the Swiss Federal Data Protection and Information Commissioner " and the "relevant courts in Switzerland".
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.
