Confidentiality Release Form - Switzerland

Confidentiality Release Form for Switzerland

Confidentiality Release Form Template for Switzerland

A legally binding document governed by Swiss law that formally releases specified parties from their confidentiality obligations regarding specific information previously subject to confidentiality restrictions. The document complies with Swiss federal data protection laws (FADP/DSG) and the Swiss Code of Obligations, providing a structured framework for the authorized disclosure of confidential information while maintaining appropriate protections and specifying the scope, duration, and terms of the release. It includes provisions for data protection compliance and clearly defines the parameters of permitted information sharing.

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What is a Confidentiality Release Form?

The Confidentiality Release Form is essential in situations where parties need to be formally released from existing confidentiality obligations under Swiss law. This document is typically used when circumstances require the disclosure of previously confidential information, such as during mergers and acquisitions, joint ventures, or when sharing information with new business partners or regulatory authorities. The form must comply with Swiss federal legislation, particularly the Federal Act on Data Protection (FADP/DSG) and the Swiss Code of Obligations. It specifies which information can be disclosed, to whom, and under what conditions, while maintaining appropriate protections for any remaining confidential information. The document is crucial for businesses operating in Switzerland or under Swiss law to manage their confidentiality obligations professionally while mitigating legal risks.

What sections should be included in a Confidentiality Release Form?

1. Parties: Identification of the party releasing confidential information (Releaser) and the party receiving the release (Recipient), including full legal names and addresses

2. Background: Brief context explaining the original confidentiality obligation and the reason for the release

3. Definitions: Key terms including 'Confidential Information', 'Release Period', and 'Permitted Purpose'

4. Scope of Release: Detailed description of the confidential information being released and the extent of the release

5. Terms of Release: Specific conditions under which the confidential information may be used or disclosed

6. Duration: Time period for which the release is valid

7. Data Protection Compliance: Acknowledgment of compliance with Swiss data protection laws and any continuing obligations

8. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

What sections are optional to include in a Confidentiality Release Form?

1. Third Party Rights: Required when the confidential information involves or affects third party rights or when third parties need to be informed of the release

2. Intellectual Property: Needed when the confidential information includes patents, trademarks, or other IP rights

3. Return or Destruction of Materials: Include when physical or electronic materials need to be returned or destroyed after a specific period

4. Regulatory Compliance: Required when the release involves regulated industries or specific regulatory requirements

5. Survival Clause: Include when certain obligations need to continue beyond the release period

What schedules should be included in a Confidentiality Release Form?

1. Schedule 1 - Specified Confidential Information: Detailed list or description of the specific confidential information being released

2. Schedule 2 - Authorized Recipients: List of specific individuals or entities authorized to receive the confidential information

3. Appendix A - Original Confidentiality Agreement: Copy of the original confidentiality agreement being partially or fully released

4. Appendix B - Data Processing Terms: Specific terms for handling personal data in compliance with Swiss data protection laws

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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What is a Confidentiality Release Form?

What sections should be included in a Confidentiality Release Form?

What sections are optional to include in a Confidentiality Release Form?

What schedules should be included in a Confidentiality Release Form?

Authors

Alex Denne

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