Transfers from Switzerland. The parties agree that transfers from Switzerland are made pursuant to the EU SCCs with the following modifications:
6.5.1 The terms “General Data Protection Regulation” or “Regulation (EU) 2016/679” as utilized in the EU SCCs shall be interpreted to include the Federal Act on Data Protection of 19 June 1992 (the “FADP,” and as revised as of 25 September 2020, the “Revised FADP”) with respect to data transfers subject to the FADP.
6.5.2 The terms of the EU SCCs shall be interpreted to protect the data of legal entities until the effective date of the Revised FADP.
6.5.3 Clause 13 of the EU SCCs is modified to provide that the Federal Data Protection and Information Commissioner (“FDPIC”) of Switzerland shall have authority over data transfers governed by the FADP and the appropriate EU supervisory authority shall have authority over data transfers governed by the GDPR. Subject to the foregoing, all other requirements of Section 13 shall be observed.
Transfers from Switzerland. Where a Restricted Transfer is made from Switzerland in relation to data that is protected by the Swiss Federal Act on Data Protection, the EU SCCs (as modified above) are incorporated into this DPA, except that:
a) in Clause 13, the competent supervisory authority is the Swiss Federal Data Protection and Information Commissioner;
b) references to “Member State” shall refer to Switzerland; and
c) references to the “General Data Protection Regulation,” “Regulation 2016/679,” and “GDPR” in the EU SCCs shall refer to the Swiss Federal Act on Data Protection (as amended or replaced).
Transfers from Switzerland. Notwithstanding Section D above, in respect of data transfers from a data exporter established in Switzerland, these Clauses shall be interpreted in accordance with the governing law in Switzerland. In such cases, references throughout these Clauses to Directive 95/46/EC shall be read as references to the relevant legislation in Switzerland concerning data protection, privacy, data security or the handling of information about individuals applicable to the data exporter, and defined terms in Clause 1 shall have the meanings given to them (or reasonably equivalent terms) in such legislation. References to “Member State” shall be read as references to Switzerland. Without prejudice to Section A above, the parties further agree that that in respect of data transfers where, under applicable privacy laws, the definition of “personal data” (or such reasonably equivalent term) extends to information relating to legal entities, references in these Clauses to “personal data” shall also include information relating to legal entities. The parties further agree that, where required by applicable law or upon the request of the relevant supervisory authority, they will do all such further acts as may reasonably be required to grant effect to this Section H, including (but not limited to) executing all documents.
Transfers from Switzerland. In relation to Personal Data that is protected by the Swiss DPA, the EU SCCs will apply in accordance with Sections 7.3(a) -(b), with the following modifications:
(i) any references in the EU SCCs to “Directive 95/46/EC” or “Regulation (EU) 2016/679” shall be interpreted as references to the Swiss DPA;
(ii) references to “EU”, “Union”, “Member State” and “Member State law” shall be interpreted as references to Switzerland and Swiss law, as the case may be; and
Transfers from Switzerland. If Customer transfers Customer Personal Data to dmarcian that is subject to the Swiss FADP, the following modifications shall apply to the Standard Contractual Clauses to the extent that the Swiss FADP applies to Customer’s Processing when making that transfer: (a) the term “member state” as used in the Standard Contractual Clauses shall not be interpreted in such a way as to exclude Data Subjects in Switzerland from suing for their rights in their place of habitual residence in accordance with Clause 18(c) of the Standard Contractual Clauses; (b) the Standard Contractual Clauses shall also protect the data of legal entities until the entry into force of the revised Swiss FADP on or about 1 January 2023; (c) references to the GDPR or other governing law contained in the Standard Contractual Clauses shall also be interpreted to include the Swiss FADP; and (d) the parties agree that the supervisory authority as indicated in Annex I.C of the Standard Contractual Clauses shall be the Swiss Federal Data Protection and Information Commissioner.
Transfers from Switzerland. The Parties agree that transfers from Switzerland are made pursuant to the EU SCCs with the following modifications:
(i) The terms “General Data Protection Regulation” or “Regulation (EU) 2016/679” as utilized in the EU SCCs shall be interpreted to include the Federal Act on Data Protection of 19 June 1992 (the “FADP,” and as revised as of 25 September 2020, the “Revised FADP”) with respect to data transfers subject to the FADP.
(ii) The terms of the EU SCCs shall be interpreted to protect the data of legal entities until the effective date of the Revised FADP.
(iii) Clause 13 of the EU SCCs is modified to provide that the Federal Data Protection and Information Commissioner of Switzerland shall have authority over data transfers governed by the FADP and the appropriate EU supervisory authority shall have authority over data transfers governed by the GDPR. Subject to the foregoing, all other requirements of Clause 13 shall be observed.
(iv) The term “EU Member State” as utilized in the EU SCCs shall not be interpreted in such a way as to exclude data subjects in Switzerland from exercising their rights in their place of habitual residence in accordance with Clause 18(c) of the EU SCCs.
Transfers from Switzerland. 6.1 Where the Restricted Transfer concerns Customer Personal Data originating from Switzerland, in line with the Swiss Federal Data Protection and Information Commissioner’s statement as of August, 27, 2021, the following additional requirements shall apply to the extent the Customer Personal Data transferred is exclusively subject to the Swiss Data Protection Act (FADP) or to both the FADP and the GDPR: (i) The term ’member state’ must 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 (Switzerland) in accordance with SCC Clause 18 (c); (ii) Insofar as the data transfers are exclusively subject to the FADP, references to the GDPR are to be understood as references to the FADP; and (iii) Insofar as the data transfers are subject to both the FADP and the GDPR, the references to the GDPR are to be understood as references to the FADP insofar as the data transfers are subject to the FADP.
Transfers from Switzerland. If the SCCs apply to the Processing of Personal Data originating from Switzerland, the SCCs shall be modified as follows:
a. the term “member state” shall not be interpreted in such a way as to exclude data subjects in Switzerland from suing for their rights in their place of habitual residence in accordance with Clause 18(c);
b. the SCCs shall also protect the data of legal entities until the entry into force of the revised FDPA on or about 1 January 2023;
c. references to the GDPR or other governing law contained in the SCCs shall also be interpreted to include the FDPA;
d. the parties agree that the supervisory authority as indicated in Annex I.C shall be the Swiss Federal Data Protection and Information Commissioner.
Transfers from Switzerland. In case of any transfers of Data from Switzerland, (a) general and specific references in the EU SCCs to GDPR or EU or Member State Law shall have the same meaning as the equivalent reference in the Swiss DPA, as applicable; and (b) any other obligation in the EU SCCs determined by the Member State in which the data exporter or Data Subject is established shall refer to an obligation under Swiss DPA, as applicable.
Transfers from Switzerland. In relation to Personal Data that is protected by the Swiss DPA, the EU
(i) any references in the EU SCCs to "Directive 95/46/E.C." or "Regulation (E.U.) 2016/679" shall be interpreted as references to the Swiss DPA;
(ii) references to "E.U.," "Union," "Member State," and "Member State law" shall be interpreted as references to Switzerland and Swiss law, as the case, maybe; and
(iii) references to the "competent supervisory authority" and "competent courts" shall be interpreted as references to the FDIC and competent courts in Switzerland.
