This Bilateral NDA template is specifically designed for use under Swiss law, providing a balanced framework for mutual confidentiality obligations between two parties. It is particularly suitable for business negotiations, partnerships, joint ventures, and other commercial relationships where both parties need to share sensitive information. The document incorporates essential elements of Swiss contract law and commercial practice, including provisions aligned with the Swiss Code of Obligations and Federal Act on Data Protection. It is structured to protect various types of confidential information, from trade secrets and intellectual property to business strategies and technical data, while ensuring compliance with Swiss legal requirements and business practices. This template is commonly used in cross-border transactions involving Swiss entities or where parties choose Swiss law for its stability and well-developed commercial legal framework.
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1. Parties: Identification and details of both parties entering into the NDA
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Remedies: Legal remedies available in case of breach, including injunctive relief
10. General Provisions: Standard provisions including notices, amendments, severability, and governing law
1. Data Protection: Additional provisions when confidential information includes personal data subject to FADP
2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP-sensitive material
3. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
4. Competing Activities: Provisions regarding competition and non-competition, if relevant to the business context
5. Export Control: Required when confidential information may be subject to export control regulations
6. Force Majeure: Provisions for extraordinary circumstances affecting compliance with the agreement
1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for which confidential information may be used
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting confidential information
4. Appendix A - Types of Confidential Information: Detailed categorization of different types of confidential information covered
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Insurance
Pharmaceuticals
Biotechnology
Healthcare
Technology
Software Development
Manufacturing
Professional Services
Research & Development
Education
Telecommunications
Consulting
Real Estate
Energy
Chemical Industry
Watches & Precision Instruments
Medical Devices
Artificial Intelligence & Machine Learning
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Information Technology
Corporate Strategy
Mergers and Acquisitions
Innovation
Product Development
Commercial Operations
Intellectual Property
Compliance
Corporate Secretariat
Procurement
Strategic Partnerships
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Chief Financial Officer
Investment Manager
Partnership Manager
Compliance Officer
Corporate Secretary
Head of Innovation
Chief Operating Officer
Senior Contract Manager
Intellectual Property Manager
Head of Research
Managing Director
Chief Commercial Officer
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