Common use of Transfers of Personal Clause in Contracts

Transfers of Personal. Data subject to Swiss FADP or Revised FADP. The Parties agree that transfers of Personal Data subject to the Swiss FADP or Revised FADP are made pursuant to the EU SCCs with the following modifications: (a) the terms “General Data Protection Regulation” or “Regulation (EU) 2016/679” as utilized in the EU SCCs shall be interpreted as references to the Swiss FADP with respect to data transfers subject to the FADP; (b) references to specific Articles of “Regulation (EU) 2016/679” shall be replaced with the equivalent article or section of the Swiss FADP; (c) references to Regulation (EU) 2018/1725 shall be removed; (d) references to “EU”, “Union” and “Member State” shall be replaced with references to “Switzerland”; (e) Clause 13(a) and Part C of ▇▇▇▇▇ ▇▇ are not used, and the “competent supervisory authority” shall be the Swiss Federal Data Protection Information Commissioner; (f) 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”; (g) in Clause 17, the Standard Contractual Clauses shall be governed by the laws of Switzerland; (h) to the extent the Swiss FADP applies to the processing, Clause 18 shall be replaced to state: “Any dispute arising from these Clauses shall be resolved by the competent courts of Switzerland. The Parties agree to submit themselves to the jurisdiction of such courts”; and (i) the terms of the EU SCCs shall be interpreted to protect the data of legal entities until the effective date of the Revised FADP. If the Swiss FADP or Revised FADP is applicable to the Parties, each party is deemed to have executed the EU SCCs by executing this DPA.