The Processor to Processor DPA is essential when one data processor (First Processor) needs to delegate data processing activities to another processor (Second Processor) under Swiss law. This document becomes necessary when a processor, already engaged by a controller, needs to subcontract certain processing activities while maintaining compliance with Swiss data protection requirements, particularly the FADP/DSG. The agreement covers crucial aspects such as security measures, data breach procedures, audit rights, and liability allocation between processors. It's particularly relevant for cross-border data processing operations and ensures that appropriate safeguards are in place throughout the data processing chain. The document should be used whenever there's a need to establish a formal processing relationship between two processors, ensuring that data protection obligations flow down from the original controller through the processing chain.
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1. Parties: Identification of the two processors entering into the agreement
2. Background: Context of the processing relationship and relationship to the primary controller
3. Definitions: Key terms used throughout the agreement, including specific Swiss law terminology
4. Scope and Purpose: Details of the processing activities and purposes covered by the agreement
5. Obligations of the First Processor: Responsibilities and commitments of the processor delegating the processing activities
6. Obligations of the Second Processor: Responsibilities and commitments of the processor receiving the processing activities
7. Technical and Organizational Measures: Security measures required to ensure appropriate data protection
8. Sub-processing: Conditions and requirements for engaging additional sub-processors
9. Data Subject Rights: Procedures for handling data subject requests and ensuring rights can be exercised
10. Personal Data Breach: Notification requirements and procedures in case of data breaches
11. Audit Rights: Provisions for monitoring and verifying compliance
12. Liability and Indemnification: Allocation of responsibility and liability between the parties
13. Term and Termination: Duration of the agreement and conditions for termination
14. Return or Deletion of Data: Obligations regarding personal data upon termination
15. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction
1. Cross-border Transfers: Required when personal data will be transferred outside Switzerland or the EEA
2. Special Categories of Data: Required when processing sensitive personal data as defined under Swiss law
3. Data Protection Officer: Include when either party has appointed a DPO
4. Insurance Requirements: Specific insurance obligations for high-risk processing activities
5. Business Continuity: Required for critical processing operations requiring specific continuity measures
6. Costs and Fees: Include when there are specific cost allocations for data protection measures
1. Schedule 1 - Processing Activities: Detailed description of the processing activities, including categories of data and purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented by both parties
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for international data transfers
5. Schedule 5 - Service Levels: Performance metrics and response times for various obligations
6. Appendix A - Contact Details: Key contacts for both parties for operational and emergency matters
7. Appendix B - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
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