Switzerland under EU SCCs Sample Clauses

Switzerland under EU SCCs. Where Zendesk processes Personal Data subject to FADP in a country that has not received an adequacy decision from Swiss authorities, and if Section 6.2 (Binding Corporate Rules) does not apply, the Parties hereby incorporate the EU SCCs (for Personal Data subject to FADP) by this reference. To the extent Personal Data transfers are subject to FADP, the EU SCCs shall be deemed completed with the information set forth in Section 6.3 above, as appropriate, and the following shall apply: The term “member state”, as used in the EU SCCs, shall not be interpreted to limit data subjects in Switzerland from being able to sue for their rights in their place of habitual residence (Switzerland) in accordance with Clause 18(c) of the EU SCCs. Until the revised FADP comes into effect (the version enacted on 25 September 2020, as amended), the EU SCCs shall also protect the data of legal entities. For the purposes of Annex I.C of the EU SCCs, where Subscriber is the data exporter and the Personal Data transferred is exclusively subject to FADP, the Swiss Federal Data Protection and Information Commissioner (the “FDPIC”) shall be the competent Supervisory Authority. Where the Personal Data transferred is subject to both the FADP and the GDPR: (i) parallel supervision should apply; or (ii) for the (revised) FADP, the FDPIC shall be the competent Supervisory Authority insofar as the transfer is governed by the (revised) FADP and for the GDPR, the competent Supervisory Authority is as determined in Section 6.3(viii). References to the GDPR should be understood as references to the FADP and, once effective, the (revised) FADP, insofar as Personal Data transfers are subject to the FADP or (revised) FADP.
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