The present Data Processing Agreement ("DPA") refers - always in reference to the actual contract - to the processing of personal data. This means that the DPA is never applicable as an individual contract, but complements an original contract with the Order Data Processing component.
The parties have concluded one or more agreements within the meaning of a contract in which the contractor acts as a service provider towards the client or its customers.
The provision of these services by the contractor can qualify as the processing of personal data within the meaning of data protection law. Insofar as the contractor within the framework of the cooperation processes personal data of the client or its customers ("Data") in compliance with the respectively applicable data protection laws, this contract processing agreement ("DPA") complements the actual contract and concretizes the obligations of the parties to data protection, in particular with regard to the mandatory provisions of the EU-GDPR. The DPA regulates all rights and obligations of the customer vis-à-vis the data processor as well as the guidelines of data security, confidentiality and data protection on the basis of the current edition of the EU-DSGVO.
This Data Processing Agreement (DPA) shall serve as a supplementary agreement to an existing contract or to a contract concluded simultaneously between a supplier and its customer. The DPA shall supplement the contract containing the provisions on the processing of personal data within the meaning of applicable data protection law (Swiss FADP and/or EU GDPR).
Annexes 1 and 2 to the DPA constitute integral parts of the Agreement and shall be supplemented accordingly.