This Boilerplate Confidentiality Agreement is designed for use in Switzerland when parties need to exchange confidential information in various business contexts. It serves as a foundational document that can be adapted for specific situations while maintaining compliance with Swiss law, including the Swiss Code of Obligations and data protection regulations. The agreement is particularly useful in preliminary business discussions, potential partnerships, employment relationships, or any situation where proprietary or sensitive information needs to be shared. It includes comprehensive provisions for defining confidential information, establishing usage rights, specifying security measures, and outlining the obligations for handling sensitive data. This template is structured to be robust enough for complex business transactions while remaining adaptable for simpler arrangements.
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1. Parties: Identification and details of the parties entering into the agreement
2. Background: Context of the agreement and the relationship between the parties
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. Confidentiality Obligations: Core obligations regarding the handling and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
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. Term and Termination: Duration of the agreement and termination provisions
10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
11. General Provisions: Standard boilerplate clauses including severability, amendments, and entire agreement
1. Data Protection: Specific provisions for handling personal data under Swiss FADP - include when personal data is involved
2. International Transfers: Provisions for cross-border transfer of confidential information - include for international parties
3. Intellectual Property Rights: Provisions clarifying IP ownership and rights - include when confidential information includes IP
4. Non-Solicitation: Restrictions on soliciting employees or customers - include when business relationship involves access to personnel/customer information
5. Audit Rights: Rights to audit compliance with confidentiality obligations - include for highly sensitive information
6. Insurance Requirements: Obligations to maintain specific insurance coverage - include for high-value confidential information
7. Competition Law Compliance: Specific provisions ensuring compliance with competition laws - include when parties are competitors
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
2. Schedule 2 - Security Protocols: Detailed technical and organizational security measures required
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive confidential information
4. Appendix A - Categories of Confidential Information: Detailed categorization of different types of confidential information covered
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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