Common use of Swiss Personal Data Clause in Contracts

Swiss Personal Data. For transfers of Personal Data that are subject to the FADP and/or the Revised FADP (as applicable), the 2021 EU SCCs shall apply, with the following differences to the extent required by the FADP: (i) References to the GDPR in the 2021 EU SCCs are understood to be as references to the FADP and/or the Revised FADP (as applicable) insofar as the data transfers are subject exclusively to the FADP and/or the Revised FADP (as applicable) and not to the GDPR. References to the GDPR in the 2021 EU SCCs are understood to be as references to both the FADP and/or the Revised FADP (as applicable) and the GDPR insofar as the data transfers are subject to both the FADP and/or the Revised FADP (as applicable) and the GDPR; (ii) 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 (Switzerland) in accordance with Clause 18(c) of the 2021 EU SCCs; (iii) References to personal data in the 2021 EU SCCs also refer to data about identifiable legal entities until the entry into force of revisions to the FADP that eliminate this broader scope; and (iv) Under Annex I.C of the 2021 EU SCCs (Competent Supervisory Authority), (a) where the transfer is subject exclusively to the FADP and/or the Revised FADP (as applicable) and not the GDPR, the supervisory authority is the Swiss Federal Data Protection and Information Commissioner; and (b) where the transfer is subject to both the FADP and/or the Revised FADP (as applicable) and the GDPR, the supervisory authority is the Swiss Federal Data Protection and Information Commissioner insofar as the transfer is governed by the FADP and/or the Revised FADP (as applicable), and the supervisory authority as set forth in Annex I.C insofar as the transfer is governed by the GDPR.

Swiss Personal Data. For transfers of Personal Data that are subject to the FADP and/or the Revised FADP (as applicable)FADP, the 2021 EU SCCs shall apply, with the following differences to the extent required by the FADP: (i) References to the GDPR in the 2021 EU SCCs are understood to be as references to the FADP and/or the Revised FADP (as applicable) insofar as the data transfers are subject exclusively to the FADP and/or the Revised FADP (as applicable) and not to the GDPR. References to the GDPR in the 2021 EU SCCs are understood to be as references to both the FADP and/or the Revised FADP (as applicable) and the GDPR insofar as the data transfers are subject to both the FADP and/or the Revised FADP (as applicable) and the GDPR; (ii) 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 (Switzerland) in accordance with Clause 18(c) of the 2021 EU SCCs; (iii) References to personal data in the 2021 EU SCCs also refer to data about identifiable legal entities until the entry into force of revisions to the FADP that eliminate this broader scope; and (iv) Under Annex I.C of the 2021 EU SCCs (Competent Supervisory Authority), (a1) where the transfer is subject exclusively to the FADP and/or the Revised FADP (as applicable) and not the GDPR, the supervisory authority is the Swiss Federal Data Protection and Information Commissioner; and (b2) where the transfer is subject to both the FADP and/or the Revised FADP (as applicable) and the GDPR, the supervisory authority is the Swiss Federal Data Protection and Information Commissioner insofar as the transfer is governed by the FADP and/or the Revised FADP (as applicable)FADP, and the supervisory authority as set forth in Annex I.C insofar as the transfer is governed by the GDPR.