This Digital NDA template is designed for use under Swiss law when parties need to share confidential information primarily through digital means. It is particularly relevant in today's business environment where most sensitive information is transmitted and stored electronically. The document incorporates requirements from Swiss federal legislation, including the Code of Obligations, ZertES, and data protection laws, while specifically addressing digital security measures and electronic execution. This Digital NDA should be used when parties need to protect confidential information shared via electronic platforms, cloud services, or other digital channels, and when the agreement itself will be executed electronically. It includes provisions for digital security protocols, electronic communication methods, and specific obligations regarding the handling of digital information.
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1. Parties: Identification of the parties entering into the NDA, including full legal names, addresses, and registration details
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', and 'Digital Communications'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed to authorized recipients
7. Digital Security Measures: Required security protocols for handling digital confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Electronic Execution: Provisions for digital signing and confirmation that electronic execution is valid
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 confidential information includes IP - used when sharing technical information or trade secrets
2. Data Protection Compliance: Specific provisions for FADP compliance - required when confidential information includes personal data
3. Group Company Disclosure: Provisions allowing sharing with group companies - used for corporate groups
4. Competitive Activity Restrictions: Non-compete or non-solicitation provisions - used when sharing sensitive business information
5. Insurance Requirements: Obligations to maintain cyber security insurance - used for high-value or sensitive digital information
6. Audit Rights: Rights to audit compliance with security measures - used for highly sensitive digital information
1. Schedule 1 - Authorized Digital Systems: List of approved digital platforms and systems for sharing confidential information
2. Schedule 2 - Security Protocols: Detailed technical requirements for digital security measures
3. Schedule 3 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
4. Appendix A - Form of Electronic Acknowledgment: Template for authorized recipients to acknowledge confidentiality obligations digitally
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