This Nondisclosure Agreement (NDA) template is specifically designed for use under Swiss law, providing a robust framework for protecting confidential information in various business contexts. It is particularly suitable for situations where parties need to share sensitive business information, trade secrets, or proprietary data during business negotiations, partnerships, or commercial relationships. The document incorporates key requirements from Swiss legislation, including the Swiss Code of Obligations and Federal Act on Data Protection, ensuring enforceability within the Swiss legal system. This NDA can be customized for various business relationships, from potential mergers and acquisitions to consulting arrangements and technology partnerships, while maintaining compliance with Swiss confidentiality and data protection requirements.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details
2. Background: Context of the relationship between the parties and purpose of sharing confidential information
3. Definitions: Definition of 'Confidential Information', 'Permitted Purpose', and other key terms used in the agreement
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Remedies: Legal remedies available in case of breach, including injunctive relief
10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Required when confidential information includes personal data subject to Swiss FADP
2. Export Control: Needed when confidential information may be subject to export control regulations
3. Non-Solicitation: Optional clause preventing solicitation of employees or customers, if relevant to the business relationship
4. Intellectual Property Rights: Required when confidential information includes IP or when IP might be created during the relationship
5. Insurance Requirements: Optional section specifying required insurance coverage for receiving party
6. Audit Rights: Optional provision allowing auditing of receiving party's compliance with the agreement
7. Force Majeure: Optional clause addressing circumstances beyond parties' control affecting performance
8. Anti-Corruption Compliance: Required for international business relationships or when dealing with public entities
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Measures: Specific technical and organizational measures required for protecting confidential information
4. Appendix A - Confidentiality Acknowledgment Form: Template form for employees or subcontractors to acknowledge confidentiality obligations
5. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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