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Reciprocal Confidentiality Agreement for Switzerland

Reciprocal Confidentiality Agreement Template for Switzerland

A comprehensive bilateral confidentiality agreement governed by Swiss law, designed to protect confidential information exchanged between two parties during business discussions, negotiations, or collaborations. The agreement ensures mutual protection of sensitive information under Swiss legal framework, including provisions compliant with the Swiss Code of Obligations and Swiss data protection laws. It establishes reciprocal obligations for handling confidential information, defines permitted uses, and sets out security measures and remedies under Swiss jurisdiction.

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Reciprocal Confidentiality Agreement

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What is a Reciprocal Confidentiality Agreement?

This Reciprocal Confidentiality Agreement is designed for situations where two parties need to share sensitive business, technical, or commercial information with each other during business discussions, due diligence processes, or potential collaborations. The agreement ensures both parties have equivalent obligations to protect each other's confidential information under Swiss law. It is particularly suitable for business negotiations, joint ventures, M&A discussions, research collaborations, or any situation requiring bilateral exchange of sensitive information. The document incorporates Swiss legal requirements, including provisions from the Swiss Code of Obligations, data protection regulations, and intellectual property laws, making it specifically adapted for use under Swiss jurisdiction.

What sections should be included in a Reciprocal Confidentiality Agreement?

1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details

2. Background: Context of the agreement and purpose of information exchange

3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'

4. Disclosure and Use of Confidential Information: Terms governing how confidential information may be disclosed and used

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed to third parties

7. Security Measures: Required measures for protecting confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination

9. Duration and Termination: Term of the agreement and survival of obligations

10. Breach and Remedies: Consequences of breach and available remedies under Swiss law

11. General Provisions: Standard clauses including notices, amendments, severability, and entire agreement

12. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes

13. Execution: Signature blocks and execution provisions

What sections are optional to include in a Reciprocal Confidentiality Agreement?

1. Data Protection: Additional provisions when confidential information includes personal data subject to FADP

2. Intellectual Property Rights: Specific provisions when confidential information includes IP rights

3. Export Control: Required when information exchange may be subject to export control regulations

4. Non-Solicitation: Optional restrictions on soliciting employees or customers

5. Residual Knowledge: Provisions addressing use of retained knowledge after agreement termination

6. Assignment and Succession: Additional transfer provisions beyond standard assignment clause

7. Insurance Requirements: Specific insurance obligations for high-value or sensitive information

What schedules should be included in a Reciprocal Confidentiality Agreement?

1. Description of Confidential Information: Detailed categorization of information covered by the agreement

2. Authorized Representatives: List of individuals authorized to receive confidential information

3. Security Protocols: Specific technical and organizational measures for information protection

4. Notice Details: Contact information and procedures for formal notices under the agreement

Authors

Alex Denne

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

Jurisdiction

Switzerland

Cost

Free to use
Relevant legal definitions






























Clauses
































Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Research and Development

Professional Services

Biotechnology

Pharmaceutical

Industrial

Consumer Goods

Education

Real Estate

Energy

Telecommunications

Agricultural

Transportation and Logistics

Relevant Teams

Legal

Business Development

Research and Development

Executive Leadership

Procurement

Information Technology

Information Security

Corporate Development

Operations

Finance

Innovation

Strategic Partnerships

Project Management

Intellectual Property

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Business Development Manager

Chief Technology Officer

Research Director

Project Manager

Procurement Manager

Contract Manager

Chief Financial Officer

Head of Innovation

Corporate Development Director

Operations Manager

Strategic Partnership Manager

Intellectual Property Manager

Chief Information Officer

Chief Information Security Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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