This Model NDA is designed for use under Swiss law when parties need to exchange confidential information in a business context. It serves as a foundational document for protecting proprietary information, trade secrets, and other sensitive data during business negotiations, partnerships, or service arrangements. The template is drafted in compliance with Swiss legal requirements, particularly the Swiss Code of Obligations and Federal Act on Data Protection, making it suitable for both domestic Swiss use and international business relationships where Swiss law is chosen. The Model NDA includes comprehensive confidentiality provisions, security measures, and enforcement mechanisms, while maintaining the flexibility to be adapted for specific business needs and circumstances.
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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 nature of the business relationship
3. Definitions: Definition of Confidential Information, Authorized Purpose, Affiliates, and other key terms used throughout the agreement
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and permitted uses of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
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 Termination: Duration of the agreement and termination provisions
10. Survival: Obligations that continue after termination of the agreement
11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution
1. Non-Solicitation: Prohibits solicitation of employees or customers, recommended when parties may have access to employee or customer information
2. Non-Competition: Restricts competitive activities, useful when sharing highly sensitive business information
3. Data Protection: Specific provisions for handling personal data under Swiss FADP, required when personal data is involved
4. Intellectual Property Rights: Clarifies ownership and rights regarding any IP disclosed or created, important for technology-related NDAs
5. Export Control: Compliance with export control laws, necessary for international transfers of technical information
6. Group Company Rights: Extends protection to affiliated companies, useful for corporate groups
7. Force Majeure: Addresses unforeseen circumstances affecting performance, optional but sometimes included in comprehensive NDAs
8. Insurance Requirements: Specifies required insurance coverage, relevant for high-value or high-risk information sharing
1. Schedule 1 - Specified Purpose: Detailed description of the authorized purpose for which confidential information may be used
2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required for protecting confidential information
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Appendix A - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
5. Appendix B - Form of Acknowledgment: Template for acknowledgment to be signed by employees or representatives who will access confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Manufacturing
Pharmaceuticals
Biotechnology
Professional Services
Research & Development
Healthcare
Industrial
Consumer Goods
Energy
Telecommunications
Real Estate
Education
Engineering
Relevant Teams
Legal
Business Development
Research & Development
Human Resources
Procurement
Executive Leadership
Operations
Finance
Information Technology
Compliance
Innovation
Corporate Development
Strategic Planning
Product Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Human Resources Director
Procurement Manager
Investment Manager
Operations Director
Chief Financial Officer
Innovation Manager
Partnership Manager
Compliance Officer
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