The Business Plan Non Disclosure Agreement is essential when companies need to share sensitive business planning information with potential investors, partners, or advisors in Switzerland. This document is particularly crucial in scenarios where detailed strategic, financial, and operational information must be disclosed for business evaluation purposes. The agreement, governed by Swiss law, provides a robust framework for protecting proprietary information while facilitating necessary business discussions. It incorporates key elements of Swiss commercial law, including provisions from the Swiss Code of Obligations and data protection regulations. Typically used during fundraising rounds, strategic partnerships, or merger and acquisition discussions, this agreement ensures that confidential business planning information remains protected while allowing for necessary due diligence and evaluation processes.
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1. Parties: Identification of the disclosing party and receiving party with full legal names and addresses
2. Background: Context of the disclosure, including the purpose of sharing the business plan and the parties' intentions
3. Definitions: Key terms including 'Confidential Information', 'Business Plan', 'Authorized Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to the business plan
5. Confidentiality Obligations: Core obligations to maintain confidentiality and specific prohibited actions
6. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives or as required by law
7. Security Measures: Required procedures and safeguards for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and survival of obligations after termination
10. Breach and Remedies: Consequences of breach and available remedies under Swiss law
11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Additional provisions protecting IP rights when the business plan contains patentable innovations or proprietary technology
2. Data Protection Compliance: Specific provisions for compliance with Swiss data protection laws when personal data is involved
3. Non-Competition: Restrictions on competitive activities, if relevant and compliant with Swiss competition law
4. International Transfer of Information: Additional provisions for cross-border information sharing when multiple jurisdictions are involved
5. Insider Trading Prevention: Specific provisions if the business plan contains information about publicly traded companies
6. Assignment and Succession: Terms regarding the transfer of rights and obligations, particularly relevant for long-term agreements
7. Language: Specification of controlling language version when agreement is executed in multiple languages
1. Schedule A - Description of Business Plan: Detailed description of the business plan documents and materials covered by the NDA
2. Schedule B - Authorized Representatives: List of individuals or roles authorized to receive and handle the confidential information
3. Schedule C - Security Protocols: Specific security measures and procedures required for handling the confidential information
4. Schedule D - Return/Destruction Certificate: Template certificate confirming the return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Real Estate
Professional Services
E-commerce
Biotechnology
Renewable Energy
Consumer Goods
Telecommunications
Software Development
Industrial
Media and Entertainment
Retail
Relevant Teams
Legal
Corporate Development
Finance
Executive Leadership
Business Development
Strategic Planning
Investment Management
Mergers & Acquisitions
Compliance
Risk Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Business Development Director
Investment Manager
Legal Counsel
Corporate Attorney
Strategic Planning Director
Venture Capital Associate
Private Equity Manager
Managing Partner
Financial Advisor
Business Consultant
Mergers & Acquisitions Director
Corporate Development Manager
Investment Banker
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