HomeCompliance

What the texts say. What the machine does.

We do not sell compliance: it belongs to the controller, which is you. What we can do is make the arrangement describable, and take off the table the risks that come from putting data outside.

01 — THE TEXTS

Six references, and what they actually change.

The right-hand column describes an effect of the arrangement, not a contractual guarantee. The guarantee is the contract; the effect is the architecture.

See the data flows

Reference	What the text says	What the machine does
Art. 321 SCCLawyers, notaries, physicians, clergy and their auxiliaries	Disclosing a secret entrusted by reason of the profession is an offence prosecuted on complaint. Liability is personal: it is not transferred to a supplier by contract.	Content does not leave the building: there is no path by which a document could reach a third party. Secrecy stops being a matter of trust and becomes a matter of architecture.
revFADP, art. 5(c)Sensitive data — health, opinions, social assistance, prosecutions	Sensitive data calls for a reinforced regime: a legal basis or explicit consent, appropriate security measures, information of the data subjects.	Data stays inside the perimeter the organisation has already declared. No new category of recipient appears, so there is no new disclosure to document.
revFADP, art. 22Data protection impact assessment	An impact assessment is required where processing presents a high risk to personal rights or fundamental freedoms, in particular with new technology.	The arrangement can be described line by line: sources read, rights applied, outbound flows, access log. That is what makes the assessment feasible — a service whose internal processing is unknown is not.
revFADP, art. 16 and 17Disclosure abroad	Disclosure outside Switzerland requires adequate protection or, failing that, specific safeguards. The list of adequate states is set by the Federal Council.	There is no disclosure abroad: the machine is on your premises and the only outbound flow is technical telemetry, carrying no personal data from your files.
CLOUD Act (United States, 2018)Providers subject to US law, wherever the servers sit	A provider under US jurisdiction can be compelled to produce data it holds or controls, including data stored outside the United States.	The decisive criterion is not where the disks are but who can be compelled. Here there is no third-party holder: the data is with you, under your control alone.
Swissness — TmPA art. 48 ff.Swiss indications of source	The use of indications of source is regulated; Swiss-value thresholds differ between an industrial product and a service.	We write only “assembled and tested in Switzerland”. No “Swiss made”, no Swiss cross, for as long as the thresholds are not established and validated by IP counsel.

02 — JURISDICTION

The question is not “where is the machine”. It is “whom do I sue, before which court”.

That is the question a compliance officer asks, and the only one that decides. A data centre located in Switzerland but operated by the subsidiary of a foreign group leaves the data reachable by a foreign procedure, without a Swiss judge in the loop.

Our answer is three lines long: Swiss-law contract, court of the registered seat, and no third party holding your data. The third line is the only one that really counts — the first two can be found elsewhere.

What we sign

A processing agreement under the revised FADP, listing the processing carried out on your behalf and its purpose.
A confidentiality agreement before any demonstration on your own documents.
The annual proof report, documenting the year's outbound flows and interventions.

Legal review: this page is written by engineers and must be reviewed by a lawyer before being relied on against a third party. If you spot an inaccuracy, write to us: we correct it and date the correction.

Your profession

Each profession has its own constraint. The profession pages carry the applicable reference and what it means in practice.

Professions