This Candidate Non Disclosure Agreement is essential for protecting sensitive company information during recruitment processes under Swiss law. It should be used whenever a potential candidate may need access to confidential business information, trade secrets, or sensitive data during the interview and assessment process. The document ensures compliance with Swiss legal requirements, including the Swiss Code of Obligations and Federal Act on Data Protection, while establishing clear confidentiality obligations. It's particularly crucial for positions where candidates need to review business plans, technical information, or participate in detailed technical discussions during the recruitment process. The agreement typically includes definitions of confidential information, scope of permitted use, duration of obligations, and return/destruction requirements.
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1. Parties: Identification of the company and the candidate, including full legal names and addresses
2. Background: Context of the agreement - explains that the candidate is being considered for employment and will receive confidential information during the recruitment process
3. Definitions: Defines key terms including 'Confidential Information', 'Recruitment Process', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the recruitment context
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and professional advisors
7. Return or Destruction of Confidential Information: Requirements for handling confidential information after the recruitment process ends
8. Duration of Obligations: Timeframe for which confidentiality obligations remain in effect
9. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
10. Execution: Signature blocks and date of agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when the recruitment process involves technical or creative positions
2. Data Protection Compliance: Specific provisions regarding handling of personal data, required when sensitive personal information may be shared
3. Non-Solicitation: Restrictions on approaching company employees or clients, used when candidate will have access to sensitive relationship information
4. Remedies and Injunctive Relief: Specific enforcement provisions, recommended for senior positions or when highly sensitive information is involved
5. Third Party Rights: Provisions regarding group companies or affiliated entities, used when candidate may receive information about multiple entities
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information that may be disclosed during the recruitment process
2. Schedule 2 - Authorized Representatives: Optional list of company personnel authorized to disclose confidential information to the candidate
3. Schedule 3 - Security Protocols: Optional technical requirements for handling digital confidential information, used when sharing sensitive electronic data
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Pharmaceutical
Manufacturing
Professional Services
Healthcare
Biotechnology
Research and Development
Defense
Telecommunications
Consumer Goods
Energy
Legal Services
Consulting
Relevant Teams
Human Resources
Legal
Information Technology
Research & Development
Executive Leadership
Finance
Operations
Strategy
Product Development
Business Development
Compliance
Engineering
Marketing
Sales
Relevant Roles
Software Engineer
Research Scientist
Financial Analyst
Product Manager
Executive Director
Chief Technology Officer
Legal Counsel
Business Development Manager
Senior Consultant
Project Manager
Data Scientist
Investment Banker
Operations Director
Research & Development Engineer
Strategy Consultant
Human Resources Director
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