Transfers from Switzerland. The parties agree that transfers from Switzerland are made pursuant to the EU SCCs with the following modifications:
Transfers from Switzerland. In relation to Personal Data that is protected by the Swiss DPA, the EU SCCs will apply in accordance with Sections 7.3(a) -(b), with the following modifications:
Transfers from Switzerland. Where a Restricted Transfer is made from Switzerland in relation to data that is protected by the Swiss Federal Act on Data Protection, the EU SCCs (as modified above) are incorporated into this DPA, except that:
Transfers from Switzerland. Notwithstanding Section D above, in respect of data transfers from a data exporter established in Switzerland, these Clauses shall be interpreted in accordance with the governing law in Switzerland. In such cases, references throughout these Clauses to Directive 95/46/EC shall be read as references to the relevant legislation in Switzerland concerning data protection, privacy, data security or the handling of information about individuals applicable to the data exporter, and defined terms in Clause 1 shall have the meanings given to them (or reasonably equivalent terms) in such legislation. References to “Member State” shall be read as references to Switzerland. Without prejudice to Section A above, the parties further agree that that in respect of data transfers where, under applicable privacy laws, the definition of “personal data” (or such reasonably equivalent term) extends to information relating to legal entities, references in these Clauses to “personal data” shall also include information relating to legal entities. The parties further agree that, where required by applicable law or upon the request of the relevant supervisory authority, they will do all such further acts as may reasonably be required to grant effect to this Section H, including (but not limited to) executing all documents. Data exporter APPENDIX 1 to the Standard Contractual Clauses The data exporter is the entity identified as “Customer” or “Controller” in the DPA. Data importer The data importer is Eloops and/or its sub-processor (as such term is used in the DPA), as determined by Eloops in accordance with the terms of the DPA concerning cross-border data transfers. Data subjects The personal data transferred concern the categories of data subjects defined in the DPA. Categories of data The personal data transferred concern the categories of data defined in the DPA. Processing operations The personal data transferred will be subject to the basic processing activities defined in Schedule 1 to the DPA. DATA EXPORTER Name: Authorised Signature: DATA IMPORTER Name: Authorised Signature: APPENDIX 2 to the Standard Contractual Clauses Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):
Transfers from Switzerland. Notwithstanding Section D above, in respect of data transfers from a data exporter established in Switzerland, these Clauses shall be interpreted in accordance with the governing law in Switzerland. In such cases, references throughout these Clauses to Directive 95/46/EC shall be read as references to the relevant legislation in Switzerland concerning data protection, privacy, data security or the handling of information about individuals applicable to the data exporter, and defined terms in Clause 1 shall have the meanings given to them (or reasonably equivalent terms) in such legislation. References to “Member State” shall be read as references to Switzerland. Without prejudice to Section A above, the parties further agree that that in respect of data transfers where, under applicable privacy laws, the definition of “personal data” (or such reasonably equivalent term) extends to information relating to legal entities, references in these Clauses to “personal data” shall also include information relating to legal entities. The parties further agree that, where required by applicable law or upon the request of the relevant supervisory authority, they will do all such further acts as may reasonably be required to grant effect to this Section H, including (but not limited to) executing all documents.
Transfers from Switzerland. If Customer transfers Customer Personal Data to Bracket Lab that is subject to the Swiss FDPA, the following modifications shall apply to the Standard Contractual Clauses to the extent that the Swiss FDPA applies to Customer’s Processing when making that transfer: (a) the term “member state” as used in the Standard Contractual Clauses shall not be interpreted in such a way as to exclude Data Subjects in Switzerland from suing for their rights in their place of habitual residence in accordance with Clause 18(c) of the Standard Contractual Clauses; (b) the Standard Contractual Clauses shall also protect the data of legal entities until the entry into force of the revised Swiss FDPA on or about 1 January 2023; (c) references to the GDPR or other governing law contained in the Standard Contractual Clauses shall also be interpreted to include the Swiss FDPA; and (d) the Parties agree that the supervisory authority as indicated in Annex I.C of the Standard Contractual Clauses shall be the Swiss Federal Data Protection and Information Commissioner.
Transfers from Switzerland. In case of any transfers of Data from Switzerland, (a) general and specific references in the EU SCCs to GDPR or EU or Member State Law shall have the same meaning as the equivalent reference in the Swiss DPA, as applicable; and (b) any other obligation in the EU SCCs determined by the Member State in which the data exporter or Data Subject is established shall refer to an obligation under Swiss DPA, as applicable.
Transfers from Switzerland. With respect to transfers of Customer Personal Data originating from Switzerland: (a) the term “member state” as used in the Standard Contractual Clauses shall not be interpreted in such a way as to exclude Data Subjects in Switzerland from suing for their rights in their place of habitual residence in accordance with Clause 18(c) of the Standard Contractual Clauses; (b) the Standard Contractual Clauses shall also protect the data of legal entities until the entry into force of the revised Swiss FADP on or about 1 January 2023; (c) references to the GDPR or other governing law contained in the Standard Contractual Clauses shall also be interpreted to include the FADP; and (d) the parties agree that the competent supervisory authority as indicated in Annex I.C shall be the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland. In the event of a direct conflict between the terms of this Addendum and the terms of the Standard Contractual Clauses, the Standard Contractual Clauses will control. The Standard Contractual Clauses shall automatically terminate once the Customer Personal Data transfer governed thereby becomes lawful under Data Protection Laws in the absence of such Standard Contractual Clauses on any other basis and acknowledged by the parties.
Transfers from Switzerland. If the SCCs apply to the Processing of Personal Data originating from Switzerland, the SCCs shall be modified as follows:
Transfers from Switzerland. Where a Restricted Transfer is made from Switzerland, the SCCs attached in Exhibit A are incorporated into this DPA and apply to the transfer, except that:
