This Information Technology Confidentiality Agreement is essential for businesses engaging in IT-related collaborations, development projects, or service provisions in Switzerland. It should be used when parties need to share sensitive technical information, including but not limited to source code, system architectures, database structures, security protocols, and technical specifications. The agreement is drafted in accordance with Swiss law, particularly considering the Federal Act on Data Protection (FADP), the Swiss Code of Obligations, and relevant intellectual property legislation. It provides comprehensive protection for digital assets while addressing specific IT industry requirements such as code repository access, cloud computing considerations, and technical documentation confidentiality. This agreement is particularly relevant for software development projects, IT consulting engagements, technology partnerships, and situations involving access to sensitive technical infrastructure.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Authorized Persons', 'IT Systems', 'Security Measures', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including specific categories of IT-related information
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Uses and Disclosures: Specified purposes for which confidential information may be used and circumstances under which disclosure is permitted
7. Technical and Organizational Measures: Required security measures for protecting confidential information, including IT security requirements
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information, including digital data deletion requirements
9. Term and Survival: Duration of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach, including specific remedies and notification requirements
11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Additional section when personal data is involved, addressing FADP requirements
2. Third Party Access: Section needed when third-party contractors or service providers may need access to confidential information
3. Cross-Border Transfers: Required when confidential information may be transferred outside Switzerland
4. Source Code Protection: Specific provisions for protecting software source code when relevant
5. Audit Rights: Optional provisions for auditing compliance with confidentiality obligations
6. Insurance Requirements: Section specifying required insurance coverage for data breaches or confidentiality breaches
7. Force Majeure: Provisions for handling confidentiality obligations during force majeure events
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information
3. Schedule 3 - Security Requirements: Detailed technical and organizational security measures required
4. Schedule 4 - Data Deletion Procedures: Specific procedures for secure deletion of digital confidential information
5. Appendix A - Contact Details: Contact information for key personnel and escalation procedures
6. Appendix B - Incident Response Plan: Procedures for handling and reporting confidentiality breaches
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