Addendum For Transfers From Switzerland
1. For the purposes of localizing the SCCs to Swiss law, the parties agree to the following:
(a). The parties adopt the GDPR standard for all data transfers, or the standard under Swiss law where higher.
(b). The parties agree that the references to provisions of the GDPR in the SCCs are to be understood as references to the corresponding provisions of the Swiss Federal Data Protection Act in the version applicable at the moment of initiation of any dispute.
(c). The term Member State where used in the SCCs also applies to Switzerland. In particular, this shall ensure that data subjects are not excluded from the possibility to sue for their rights in their place of habitual residence.
(d) Clause 13 and Annex I(C): The competent authorities under Clause 13, and in Annex I(C), are the Federal Data Protection and Information Commissioner and, concurrently, the EEA member state authority identified above.
(e) Clause 17: The Parties agree that the governing jurisdiction is the Member State in which the data exporter is established for claims under the GDPR and the substantive laws of Switzerland for claims under the Swiss Federal Data Protection Act.
(f) Clause 18:
- Any dispute arising from these Clauses shall be resolved by the courts of Zurich, Switzerland.
- A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence.
- The Parties agree to submit themselves to the jurisdiction of such courts.
(g) The parties agree to interpret the SCCs so that “data subjects” includes legal entities until the revised Swiss Federal Act on Data Protection enters into force.