The Confidentiality And Non Solicitation Agreement is essential for businesses operating in Switzerland seeking to protect their sensitive information and maintain stable business relationships. This document is typically used when engaging with employees, contractors, business partners, or other parties who will have access to confidential information and/or significant contact with employees, customers, or suppliers. The agreement complies with Swiss federal laws, including the Code of Obligations, Data Protection Act, and competition laws, providing comprehensive protection while remaining enforceable under Swiss jurisdiction. It's particularly relevant in situations involving business negotiations, employment relationships, partnerships, or any scenario where sensitive information needs to be shared while protecting against potential solicitation of key stakeholders.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Solicitation', 'Restricted Period', etc.
4. Confidentiality Obligations: Detailed obligations regarding the protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed
6. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or suppliers
7. Duration: Time period for both confidentiality and non-solicitation obligations
8. Return of Confidential Information: Requirements for returning or destroying confidential information
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Data Protection Compliance: Specific provisions for compliance with Swiss data protection laws, required when personal data is involved
2. International Transfer of Information: Additional provisions for cross-border transfer of information, needed for international agreements
3. Intellectual Property Rights: Specific provisions protecting IP rights, needed when confidential information includes IP
4. Survival Clause: Specifies which provisions survive termination, recommended for longer-term relationships
5. Non-Competition: Additional competition restrictions, only if appropriate under Swiss law and circumstances
6. Security Measures: Specific technical and organizational measures for protecting confidential information, needed for sensitive data
7. Force Majeure: Provisions for extraordinary circumstances, recommended for long-term agreements
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or entities authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for additional parties to sign confidentiality commitments
5. Appendix B - Notice Details: Detailed contact information and notice requirements for all parties
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