This Perpetual NDA is designed for situations requiring indefinite protection of confidential information under Swiss law. It is particularly suitable for business relationships involving trade secrets, proprietary technology, or sensitive commercial information that requires protection beyond a standard fixed-term NDA. The document incorporates Swiss legal requirements, including provisions from the Code of Obligations (OR), Federal Act on Data Protection (FADP), and unfair competition laws. It provides comprehensive coverage for various types of confidential information, from technical specifications to business strategies, while ensuring compliance with Swiss contractual formalities and enforcement mechanisms. This template is structured to accommodate both corporate and individual parties, making it versatile for different business contexts while maintaining its perpetual confidentiality obligations.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details as required under Swiss law
2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Security Measures: Required measures for protecting confidential information, including physical, electronic, and procedural safeguards
8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request
9. Duration and Survival: Explicit statement of the perpetual nature of obligations and which provisions survive
10. Remedies: Available remedies in case of breach, including injunctive relief and damages under Swiss law
11. General Provisions: Standard provisions including governing law, jurisdiction, amendments, and notices
1. Data Protection Compliance: Specific provisions addressing compliance with Swiss Federal Act on Data Protection when confidential information includes personal data
2. Employee and Representative Obligations: Additional provisions specifically addressing obligations of employees and representatives, particularly relevant when parties are organizations
3. Trade Secrets: Special provisions for information qualifying as trade secrets under Swiss law, providing additional protections
4. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP-sensitive material
5. Competition Law Compliance: Provisions ensuring compliance with Swiss competition law when confidentiality obligations might affect market competition
6. Force Majeure: Provisions addressing circumstances where confidentiality might be compromised due to events beyond parties' control
7. Insurance Requirements: Obligations to maintain specific insurance coverage for potential breaches
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Notice Details: Contact details and procedures for serving notices under the agreement
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