Non Disclosure Non Use And Non Circumvention Agreement Template for Switzerland

This comprehensive agreement, governed by Swiss law, combines three crucial protective elements: non-disclosure, non-use, and non-circumvention provisions. It provides robust protection for confidential information while preventing its unauthorized use and ensuring parties cannot bypass each other in business dealings. The agreement complies with Swiss legal requirements, particularly the Code of Obligations and Federal Act on Unfair Competition, offering strong enforcement mechanisms and remedies under Swiss jurisdiction. It's particularly valuable for business negotiations, joint ventures, and potential partnerships where sensitive information needs to be shared while maintaining strategic business relationships.

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What is a Non Disclosure Non Use And Non Circumvention Agreement?

The Non-Disclosure, Non-Use, and Non-Circumvention Agreement is essential when parties need to share sensitive business information while maintaining strict control over its use and preventing any circumvention of business relationships. This document is particularly relevant in Switzerland's sophisticated business environment, where protection of trade secrets and prevention of unfair competition are paramount. It's commonly used during business negotiations, due diligence processes, potential partnerships, or when exploring joint ventures. The agreement ensures comprehensive protection by not only preventing unauthorized disclosure of confidential information but also restricting its use to specified purposes and preventing parties from bypassing each other in business dealings. The Swiss legal framework provides strong enforcement mechanisms, making this agreement particularly effective for both domestic and international business relationships.

What sections should be included in a Non Disclosure Non Use And Non Circumvention Agreement?

1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details where applicable

2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Circumvention'

4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

5. Non-Use Obligations: Restrictions on the use of confidential information solely for the Permitted Purpose

6. Non-Circumvention: Prohibition of bypassing or circumventing the disclosing party in business dealings related to the disclosed information

7. Security Measures: Required measures for protecting and securing confidential information

8. Return or Destruction of Information: Procedures for handling confidential information upon termination or request

9. Term and Termination: Duration of the agreement and termination provisions

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices

What sections are optional to include in a Non Disclosure Non Use And Non Circumvention Agreement?

1. Permitted Disclosures: Specific circumstances where disclosure is allowed, such as to professional advisors or by legal requirement

2. Data Protection: Additional provisions when personal data is involved, ensuring FADP compliance

3. Intellectual Property Rights: Clarification of IP ownership and rights when technical or proprietary information is involved

4. Non-Solicitation: Prevents poaching of employees or clients, included when parties have access to internal information

5. Indemnification: Specific indemnity provisions for breach of obligations

6. Insurance: Requirements for insurance coverage, particularly relevant for high-value transactions

7. Survival: Specification of obligations that continue after termination

8. Assignment: Restrictions on assignment of rights and obligations

What schedules should be included in a Non Disclosure Non Use And Non Circumvention Agreement?

1. Description of Confidential Information: Detailed list or categories of information covered by the agreement

2. Permitted Purpose: Detailed description of the authorized use of confidential information

3. Security Protocols: Specific security measures and protocols to be followed

4. Authorized Representatives: List of individuals or roles authorized to receive confidential information

5. Notice Details: Contact information and procedures for sending notices

6. Special Handling Requirements: Any specific procedures for handling particularly sensitive information

Authors

Alex Denne

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

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Download a Standard Non Disclosure Non Use And Non Circumvention Agreement

Review your own Non Disclosure Non Use And Non Circumvention Agreement

What is a Non Disclosure Non Use And Non Circumvention Agreement?

What sections should be included in a Non Disclosure Non Use And Non Circumvention Agreement?

What sections are optional to include in a Non Disclosure Non Use And Non Circumvention Agreement?

What schedules should be included in a Non Disclosure Non Use And Non Circumvention Agreement?

Authors

Alex Denne

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