SWISS ADDENDUM Clause Samples

SWISS ADDENDUM. In respect of transfers otherwise prohibited by Swiss Personal Data:

SWISS ADDENDUM. This Swiss Addendum shall apply to any transfer of Customer Personal Data from Switzerland to Other Countries.

SWISS ADDENDUM. This Addendum is intended to amend the EU SCCs to accommodate the Swiss Federal Act on Data Protection (“FADP”) in accordance with the decision of the Swiss Data Protection Authority (“FDPIC”). This Addendum applies if and to the extent a transfer of personal data to a country outside the EU or EEA without an adequate level of data protection governed by the SCCs is subject to the FADP. In such cases, the EU SCCs shall be interpreted as follows:

SWISS ADDENDUM. Insofar as the data transfer under the DPA is governed by the FADP, provided that none of these amendments will have the effect or be construed to amend the Standard Contractual Clauses in relation to the processing of Personal Data under the GDPR, the following shall apply: 1. the Swiss Federal Data Protection and Information Commissioner (the “FDPIC”) will be the competent supervisory authority, in Annex I.C under Clause 13 of the Swiss Addendum; 2. the applicable law for contractual claims and place of jurisdiction for actions between the parties under Clauses 17 and 18 of the Standard Contractual Clauses shall be as set forth in the Standard Contractual Clauses, provided that 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 Clause 18c;

SWISS ADDENDUM. For Transfers of Personal Data governed by the Swiss Data Protection Law, the Standard Contractual Clauses shall be amended in accordance with the statement of the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) of August 27, 2021. In particular:

SWISS ADDENDUM. Załączniku 1B: Opis przekazywania danych: Zob. pkt B Załącznika dotyczącego Standardowych Klauzul Umownych

SWISS ADDENDUM. 3.1 This Swiss Addendum will apply to any Processing of Covered Data that is subject to Swiss Data Protection Laws or to both Swiss Data Protection Laws and the EU GDPR.

SWISS ADDENDUM. Where the data exporter transfers Swiss Personal Data under the Agreement, the data exporter and data importer hereby execute the European Commission’s Standard Contractual Clauses pursuant to the Privacy Schedule and the SCC Appendix hereinabove, as further supplemented by terms and conditions of this Swiss Addendum.

SWISS ADDENDUM. This Swiss Addendum forms part of and is incorporated into the Standard Contractual Clauses and the Data Processing Agreement which it is attached to. Capitalized terms not defined herein (if any) have the meanings ascribed to them in the Data Processing Agreement which this Swiss Addendum is appended to. Where a Data Transfer affects Personal Data originating from Switzerland and to which the FADP applies, Parties agree that the Standard Contractual Clauses shall be deemed to be amended to the extent necessary to operate to provide appropriate safeguards for such transfers in accordance with the FADP, including without limitation the following: