Agreement between the Cantons of Schwyz, Obwalden and Nidwalden on Cooperation in Data Protection

1. The Cantons of Schwyz, Obwalden, and Nidwalden collaborate in the field of data protection to ensure the quality of data protection, utilize synergies, and mutually benefit from experiences.

2. The collaboration pursuant to this agreement includes activities in the field of data protection in accordance with the legislation of the agreement cantons.

1. The competent authority of the Canton of Schwyz, in consultation with the competent authorities of the two other agreement cantons, elects a designated person for data protection and, if necessary, a deputy. The election is for the four-year term of office applicable in the Canton of Schwyz.

2. The competent authorities of the two other contracting parties elect the same persons for the same term of office.

3. The designated person and their deputy perform their duties independently and autonomously. They are subject to the supervision of the competent authorities of the agreement cantons and report to them on their activities.

1. The appointed person and their deputy fulfill the tasks assigned to them by the legislation of the contracting cantons.

2. The appointed person hires the necessary personnel for the fulfillment of these tasks and procures the required infrastructure.

3. The appointed person, their deputy, and their personnel are subject to the personnel law of the Canton of Schwyz.

1. The parliaments of the cantons party to the agreement approve the annual global budget. After deducting 10% in accordance with paragraph 3, the global budget is allocated according to the permanent resident population as follows

a) Schwyz: 66%

b) Obwalden: 16%

c) Nidwalden: 18%

2. The global budget must cover all personnel and material expenses necessary to fulfill the task by the appointed person, their deputy, and the staff.

3. The canton of Schwyz initially bears 10% of the total costs as additional costs for the tasks under the principle of transparency and as compensation for a locational advantage.

4. The appointed person submits the draft of the global budget in a timely manner to the government council of the canton of Schwyz for the attention of the competent bodies of the cantons party to the agreement.

1. The appointed individual establishes a program for their supervisory activities, which is communicated to the competent bodies of the agreement cantons.

2. They keep a detailed record of their activities. In particular, they specify their time commitment for

a) their activities in the area of public access in the Canton of Schwyz,

b) routine supervisory activities concerning data protection in the individual municipalities,

c) consultations and opinions on data protection issues, as requested by authorities and administrative offices of the individual municipalities,

d) consulting private individuals on data protection issues,

e) public relations work and fulfilling accountability obligations in data protection.

3. These records are available to the competent bodies of the agreement cantons. Personal data is anonymized for this purpose.

1. The cost-sharing arrangement pursuant to Art. 4 para. 1 shall be reviewed and, if necessary, adjusted at the beginning of a new term of office. The determining factor is the permanent resident population as of the end of the previous year.

1. This Agreement shall enter into force on July 1, 2016, following approval by the competent bodies of the contracting cantons, and shall replace the Agreement of October 1, 2008.

2. It shall remain in effect until June 30, 2020. Thereafter, its validity shall automatically extend for additional periods of four years, unless terminated by any contracting canton with one year’s notice.

3. The Agreement shall lapse if the competent body of any contracting canton does not elect the same person as the designated person for data protection.