The Non-Disclosure Agreement For Suppliers is essential when companies need to share confidential or sensitive information with their suppliers during business relationships. This document, governed by Swiss law, particularly the Swiss Code of Obligations and Federal Act against Unfair Competition, establishes clear confidentiality obligations and protective measures for sensitive business information. It's typically used before engaging in detailed supplier discussions, during tender processes, or when establishing ongoing supplier relationships where access to proprietary information, trade secrets, technical specifications, or business strategies is required. The agreement provides comprehensive protection while remaining compliant with Swiss legal requirements, making it suitable for both domestic and international supplier relationships.
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1. Parties: Identification of the disclosing party (company) and receiving party (supplier), including full legal names, addresses, and registration details
2. Background: Context of the business relationship and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Affiliated Companies', 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, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, advisors, or as required by law
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Term and Survival: Duration of the agreement and survival of obligations after termination
9. Breach and Remedies: Consequences of breach, including injunctive relief and damages under Swiss law
10. General Provisions: Standard clauses including notices, amendments, severability, and entire agreement
1. Data Protection Compliance: Additional provisions for compliance with Swiss Federal Act on Data Protection when personal data is involved
2. Intellectual Property Rights: Clarification that the agreement doesn't transfer any IP rights, needed when technical information is shared
3. Export Control: Include when confidential information may be subject to export control regulations
4. Competition Law Compliance: Required when sharing competitively sensitive information
5. Group Company Rights: Include when either party needs to share information with or extend rights to group companies
6. Digital Security Measures: Specific provisions for handling digital information, recommended for technical or IT-related suppliers
7. Subcontractors: Include when supplier may need to engage subcontractors who will access confidential information
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered, particularly useful for specific supplier relationships
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Form of Acknowledgment: Template for supplier's employees or subcontractors to acknowledge confidentiality obligations
5. Appendix B - Data Destruction Certificate: Template certificate confirming destruction of confidential information when required
Authors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Financial Services
Healthcare
Pharmaceutical
Professional Services
Industrial
Consumer Goods
Energy
Telecommunications
Automotive
Chemical
Construction
Food and Beverage
Retail
Relevant Teams
Legal
Procurement
Supply Chain
Operations
Finance
Risk and Compliance
Information Technology
Research and Development
Product Development
Commercial
Business Development
Technical Operations
Relevant Roles
Procurement Manager
Supply Chain Director
Legal Counsel
Commercial Director
Vendor Manager
Chief Technology Officer
Head of Operations
Purchasing Officer
Contract Manager
Business Development Manager
Project Manager
Chief Financial Officer
Risk Manager
Compliance Officer
Technical Director
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