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 shall, in consultation with the competent authorities of the other two contracting cantons, appoint an individual responsible for data protection and, if necessary, a deputy. The appointment shall be for a four-year term of office, as applicable in the Canton of Schwyz.

2. The competent authorities of the other two contracting cantons shall appoint the same individuals for the same term of office.

3. The appointed individual and their deputy shall perform their duties autonomously and independently. They are subject to the supervision of the competent authorities of the contracting cantons and shall 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 personnel necessary 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 contracting cantons 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 is to cover all personnel and material expenses necessary for the fulfillment of the task by the appointed person, their deputy, and the staff.

3. The Canton of Schwyz shall bear 10% of the total costs in advance as additional costs for tasks related to the principle of publicity and as compensation for a locational advantage.

4. The appointed person shall submit the draft of the global budget in due time to the government council of the Canton of Schwyz for forwarding to the competent bodies of the contracting cantons.

**1. The appointed person shall establish a program for their supervisory activities, which will be communicated to the competent authorities of the contracting cantons.**

2. They shall keep detailed records of their activities. In particular, they shall indicate their time allocation for

a. their activities regarding the principle of publicity in the Canton of Schwyz;

b. ordinary supervisory activities related to data protection within individual municipalities;

c. consultations and opinions on data protection issues solicited by authorities and administrative offices of individual municipalities;

d. advising private individuals on data protection issues;

e. public relations and fulfilling the accountability obligations concerning data protection.

3. These records shall be made available to the competent authorities of the contracting cantons. Personal data will be 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 July 30, 2008.

2. It shall remain in force until June 30, 2020. Thereafter, its validity shall be extended by a further four years each time, unless terminated by one of the contracting cantons with one year's notice.

3. The Agreement shall cease to exist if the competent body of a contracting canton does not appoint the same person as the designated data protection officer.