This Supplier NDA is essential for businesses operating under Swiss law who need to share confidential information with their suppliers while maintaining legal protection. The document is typically used before engaging in detailed discussions with potential suppliers or when establishing new supplier relationships where confidential information needs to be exchanged. It covers various types of confidential information including trade secrets, technical specifications, business plans, customer data, and proprietary processes. The agreement incorporates specific requirements under Swiss law, including provisions from the Code of Obligations and Federal Data Protection Act, ensuring robust protection and enforceability within the Swiss legal framework. This template is particularly relevant for companies with supplier relationships involving access to sensitive business information or intellectual property.
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1. Parties: Identification of the disclosing party (company) and receiving party (supplier), including full legal names and addresses
2. Background: Context of the supplier relationship and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Authorized Purpose', 'Authorized Recipients', and 'Affiliate'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the supplier relationship
5. Confidentiality Obligations: Core obligations regarding use, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized recipients
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available remedies under Swiss law
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP ownership and licenses when confidential information includes IP - relevant for technical or R&D suppliers
2. Data Protection Compliance: Specific obligations regarding personal data handling under Swiss FADP - needed when confidential information includes personal data
3. Subcontractors: Rules for sharing confidential information with subcontractors - relevant when supplier needs to involve third parties
4. Insurance Requirements: Obligations to maintain specific insurance coverage - relevant for high-risk or high-value relationships
5. Export Control: Provisions regarding international transfer of information - needed when dealing with cross-border suppliers
6. Non-Solicitation: Restrictions on soliciting employees - relevant when supplier has access to employee information or works closely with company staff
1. Schedule 1 - Specific Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Requirements: Specific technical and organizational security measures required
4. Schedule 4 - Approved Subcontractors: List of pre-approved subcontractors (if applicable)
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Pharmaceuticals
Financial Services
Professional Services
Healthcare
Telecommunications
Consumer Goods
Industrial
Energy
Research and Development
Automotive
Chemical
Construction
Retail
Relevant Teams
Legal
Procurement
Supply Chain
Vendor Management
Operations
Research & Development
Information Security
Compliance
Risk Management
Finance
Information Technology
Business Development
Relevant Roles
Procurement Manager
Legal Counsel
Supply Chain Director
Vendor Management Specialist
Contract Manager
Chief Financial Officer
Chief Technology Officer
Research and Development Director
Operations Manager
Project Manager
Compliance Officer
Risk Manager
Information Security Officer
Business Development Manager
Technical Director
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