The Three Way NDA under Swiss law is essential for business arrangements where confidential information needs to be shared among three distinct parties while ensuring legal protection and compliance. This document type is particularly relevant for joint ventures, collaborative projects, or multi-party business transactions where proprietary information, trade secrets, or sensitive data must be exchanged. Switzerland's robust legal framework, including the Swiss Code of Obligations and Federal Act on Data Protection, provides strong protection for confidential information and clear remedies in case of breach. The agreement is commonly used in international business contexts due to Switzerland's reputation for strong privacy laws and its neutral position in international commerce. The document typically covers detailed provisions for information handling, security measures, and data protection compliance, making it suitable for complex business relationships requiring mutual trust and confidentiality.
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1. Parties: Identification and details of all three parties to the agreement
2. Background: Context of the relationship between the three parties and purpose of sharing confidential information
3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Disclosure and Use of Confidential Information: Terms governing how confidential information may be shared among the three parties and permitted uses
5. Confidentiality Obligations: Core obligations of each party regarding maintaining confidentiality and preventing unauthorized disclosure
6. Security Measures: Required measures for protecting confidential information, including data protection compliance
7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon request or termination
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Breach and Remedies: Consequences of breach and available remedies under Swiss law
10. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Intellectual Property Rights: Section clarifying that the agreement doesn't transfer any IP rights, used when confidential information includes IP-sensitive material
2. Data Protection Compliance: Detailed provisions for FADP compliance, required when personal data is involved
3. Export Control: Provisions regarding international transfer of information, needed for cross-border situations
4. Non-Solicitation: Prevents parties from soliciting each other's employees or clients, included when parties are competitors
5. Publicity: Restrictions on public announcements about the relationship, useful for sensitive business relationships
6. Insurance: Requirements for insurance coverage, relevant for high-value or high-risk information sharing
1. Schedule 1 - Description of Confidential Information: Detailed categorization of what constitutes confidential information for each party
2. Schedule 2 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed by all parties
4. Appendix A - Authorized Representatives: List of individuals authorized to receive and handle confidential information for each party
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Pharmaceuticals
Manufacturing
Professional Services
Research & Development
Healthcare
Biotechnology
Information Technology
Telecommunications
Consumer Goods
Industrial Engineering
Energy
Real Estate
Relevant Teams
Legal
Business Development
Research and Development
Executive Leadership
Information Security
Compliance
Corporate Development
Intellectual Property
Information Technology
Project Management
Operations
Finance
Risk Management
Procurement
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Innovation Manager
Partnership Manager
Compliance Officer
Chief Financial Officer
Operations Director
Intellectual Property Manager
Contract Manager
Chief Information Security Officer
Data Protection Officer
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