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Data Use Agreement

Data Use Agreement Template for Switzerland

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Key Requirements PROMPT example:

Data Use Agreement

"I need a Data Use Agreement under Swiss law for sharing clinical trial data with a research institution in Basel, with the agreement starting from March 1, 2025, including specific provisions for handling sensitive health data and potential academic publications."

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Document background
A Data Use Agreement is essential when organizations need to share data while ensuring compliance with Swiss data protection laws and regulations. This document is particularly relevant in situations where one party (Data Provider) shares valuable or sensitive data with another party (Data Recipient) for specific purposes such as research, analysis, or service provision. The agreement, governed by Swiss law, specifically addresses requirements under the Federal Act on Data Protection (FADP/nFADP) and includes crucial provisions for data security, permitted uses, confidentiality, and data subject rights. It becomes especially important when sharing personal data, sensitive business information, or research data, and should be customized based on the type of data, intended use, and specific requirements of the parties involved.
Suggested Sections

1. Parties: Identification and details of the data provider and data recipient

2. Background: Context of the agreement, purpose of data sharing, and relationship between the parties

3. Definitions: Definitions of key terms including Data, Permitted Purpose, Authorized Users, etc.

4. Scope and Purpose: Detailed description of the data to be shared and permitted uses

5. Data Protection Compliance: Compliance requirements with Swiss FADP/nFADP and other applicable data protection laws

6. Data Transfer and Security: Requirements for secure data transfer, storage, and handling

7. Authorized Users: Specification of who may access the data and under what conditions

8. Confidentiality: Obligations regarding confidentiality and data protection

9. Term and Termination: Duration of the agreement and termination provisions

10. Return or Destruction of Data: Requirements for data handling upon termination

11. Liability and Indemnification: Allocation of risks and responsibilities

12. General Provisions: Standard contractual clauses including governing law, jurisdiction, etc.

Optional Sections

1. Cross-Border Transfers: Required when data will be transferred outside Switzerland, addressing additional safeguards

2. Audit Rights: Optional section providing right to audit data handling compliance

3. Research Publications: Include when data will be used for research purposes with potential publication

4. Intellectual Property Rights: Required when data processing may generate new IP

5. Insurance Requirements: Include when specific insurance coverage is required for data handling

6. Special Categories of Data: Required when processing sensitive personal data under Swiss law

Suggested Schedules

1. Schedule 1: Data Description: Detailed description of data sets, fields, and formats

2. Schedule 2: Security Requirements: Technical and organizational security measures required

3. Schedule 3: Authorized Users: List of authorized users or roles and their access levels

4. Schedule 4: Data Processing Activities: Detailed description of permitted data processing activities

5. Schedule 5: Transfer Mechanisms: Details of data transfer methods and security protocols

6. Appendix A: Contact Details: Key contacts for operational and emergency matters

7. Appendix B: Data Breach Protocol: Procedures for handling and reporting data breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions













































Clauses

































Relevant Industries

Healthcare

Pharmaceuticals

Research & Development

Technology

Financial Services

Education

Biotechnology

Manufacturing

Professional Services

Public Sector

Insurance

Telecommunications

Relevant Teams

Legal

Compliance

Information Security

Data Protection

Research & Development

Information Technology

Risk Management

Operations

Privacy

Business Development

Relevant Roles

Data Protection Officer

Privacy Counsel

Legal Counsel

Compliance Manager

Information Security Officer

Research Director

Chief Technology Officer

Data Manager

Project Manager

Chief Information Officer

Risk Manager

Operations Director

Business Development Manager

Research Coordinator

IT Security Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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