This Joint Controller Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal data in Switzerland. It's particularly relevant for collaborative projects, shared services, or joint ventures where multiple entities have decision-making power over data processing activities. The agreement must comply with the Swiss Federal Act on Data Protection (FADP) and considers GDPR requirements due to Switzerland's status as a country with EU adequacy. It should be used whenever organizations share responsibility for data processing decisions, defining clear roles, responsibilities, and liability allocation. The document includes detailed provisions for data security, breach notification, data subject rights, and specific Swiss law compliance requirements.
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1. Parties: Identification of the joint controllers entering into the agreement
2. Background: Context of the joint processing activities and relationship between the parties
3. Definitions: Key terms used in the agreement, including Swiss law-specific terminology
4. Scope and Purpose: Defines the scope of joint processing activities and purposes of data processing
5. Roles and Responsibilities: Detailed allocation of responsibilities between joint controllers
6. Transparency and Data Subject Rights: Handling of data subject requests and transparency obligations
7. Data Security: Security measures required by both parties
8. Data Breach Notification: Procedures for handling and reporting data breaches
9. Liability and Indemnification: Allocation of liability between controllers and indemnification provisions
10. Term and Termination: Duration of the agreement and termination provisions
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
12. General Provisions: Standard contractual provisions including severability, entire agreement, etc.
1. Cross-border Transfers: Required when personal data is transferred outside Switzerland
2. Sub-processing: Include when joint controllers may engage sub-processors
3. Insurance Requirements: Include when specific insurance coverage is required
4. Audit Rights: Include when regular audits of compliance are required
5. Data Protection Impact Assessments: Include when processing activities require DPIAs
6. Special Categories of Data: Include when processing sensitive personal data
1. Schedule 1 - Processing Activities: Detailed description of joint processing activities
2. Schedule 2 - Technical and Organizational Measures: Specific security measures implemented by both parties
3. Schedule 3 - Data Subject Information: Template privacy notices and information provided to data subjects
4. Schedule 4 - Data Breach Response Plan: Detailed procedures for handling data breaches
5. Schedule 5 - Contact Points: Key contacts for operational matters and emergencies
6. Appendix A - Data Categories and Purposes: Detailed list of data categories and processing purposes
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