This Simple Confidentiality Agreement template is designed for use under Swiss law when parties need to exchange confidential information while ensuring legal protection. It's particularly useful in initial business discussions, potential partnerships, or service engagements where sensitive information needs to be shared. The agreement complies with Swiss legal requirements, including relevant provisions of the Swiss Code of Obligations and data protection laws. It can be used across various sectors and situations, from business negotiations to consulting arrangements, providing a balanced approach to protecting confidential information while facilitating necessary business communications. The template is structured to be clear and concise while maintaining comprehensive protection, making it suitable for both domestic Swiss use and international business relationships where Swiss law is chosen as the governing law.
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1. Parties: Identification of the disclosing and receiving parties with full legal names and addresses
2. Background: Brief context of why the agreement is needed and the relationship between the parties
3. Definitions: Definition of 'Confidential Information' and other key terms used in the agreement
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and how it will be marked or identified
5. Confidentiality Obligations: Core obligations regarding non-disclosure, permitted uses, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Termination: Duration of the agreement and confidentiality obligations, including survival of obligations
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Remedies: Legal remedies available in case of breach, including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions
1. Data Protection: Specific provisions for handling personal data under Swiss FADP, recommended when confidential information includes personal data
2. Intellectual Property Rights: Clarification that the agreement doesn't transfer any IP rights, useful when confidential information includes IP
3. Security Measures: Specific technical and organizational measures required for protecting confidential information, relevant for technical or highly sensitive information
4. Non-Solicitation: Prohibition on soliciting employees or customers, relevant when parties have access to employee or customer information
5. Non-Competition: Restrictions on competing activities, though should be used cautiously under Swiss law
6. Export Control: Compliance with export control laws, relevant when information may be subject to international transfer restrictions
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information, if required
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