This Standard Non Disclosure Agreement (NDA) is essential for businesses and individuals operating under Swiss jurisdiction who need to protect confidential information during business discussions, negotiations, or collaborative projects. The document is specifically structured to comply with Swiss law, including the Swiss Code of Obligations and Federal Data Protection Act, while providing comprehensive protection for trade secrets, proprietary information, and sensitive business data. It is commonly used before entering into detailed business discussions, during due diligence processes, or when engaging with consultants, service providers, or potential business partners. The Standard Non Disclosure Agreement includes provisions for both unilateral and mutual confidentiality obligations, making it adaptable to various business scenarios while maintaining enforceability under Swiss law.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, purpose of sharing confidential information, and the nature of the business relationship
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
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 security measures
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 which obligations survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Remedies: Legal remedies available in case of breach, including injunctive relief and damages
10. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Data Protection Compliance: Specific provisions for compliance with Swiss data protection laws when personal data is involved
2. Intellectual Property Rights: Clarification that the agreement doesn't transfer any IP rights, used when IP-sensitive information is shared
3. Export Control: Provisions regarding international transfer of information, relevant for cross-border arrangements
4. Non-Solicitation: Restrictions on hiring or soliciting employees, useful in business relationship contexts
5. Competing Projects: Provisions allowing or restricting work on similar projects with competitors
6. Residual Knowledge: Provisions addressing the use of non-confidential general knowledge retained by recipients
7. Force Majeure: Provisions for extraordinary circumstances affecting confidentiality obligations
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
2. Schedule 2 - Specific Types of Confidential Information: Detailed list of specific documents, data, or information types covered by the agreement
3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting confidential information
4. Schedule 4 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
5. Appendix A - Form of Acknowledgment: Template for acknowledgment to be signed by representatives who will access confidential information
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