The Simple Non Disclosure Agreement For Employees is a fundamental document used in Swiss employment relationships to protect confidential information and trade secrets. This agreement should be implemented at the start of employment or when an employee gains access to sensitive information. It is designed to comply with Swiss law, particularly the Swiss Code of Obligations (CO), Federal Act on Data Protection (FADP), and Federal Act against Unfair Competition (UCA). The document addresses both during-employment and post-employment confidentiality obligations, defines the scope of protected information, and includes provisions for data handling and return of confidential materials. It is particularly important in industries dealing with sensitive information, intellectual property, or trade secrets, while remaining adaptable for various business contexts within the Swiss legal framework.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief context explaining the employment relationship and need for confidentiality
3. Definitions: Clear definitions of 'Confidential Information', 'Trade Secrets', and other key terms
4. Scope of Confidential Information: Detailed description of what information is considered confidential
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Return of Confidential Information: Obligations regarding return or destruction of confidential materials upon employment termination
8. Duration of Obligations: Time period for which confidentiality obligations remain in force
9. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP ownership and protection, particularly relevant for technical or creative roles
2. Data Protection Compliance: Specific provisions relating to handling of personal data, required if employee will have access to personal data
3. Non-Competition: Post-employment competition restrictions, only if specifically required and compliant with Swiss law restrictions
4. Remedies: Specific remedies in case of breach, including potential liquidated damages
5. Third Party Rights: Provisions protecting confidential information of company's clients or business partners
6. Survival: Explicit provisions about which obligations survive employment termination
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information specific to the employee's role
2. Schedule 2 - Security Procedures: Specific procedures for handling and protecting confidential information
3. Schedule 3 - Authorized Disclosure Recipients: List of persons or entities to whom confidential information may be disclosed in course of duties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Biotechnology
Research and Development
Retail
Education
Telecommunications
Pharmaceuticals
Engineering
Consulting
Media and Entertainment
Relevant Teams
Human Resources
Legal
Information Technology
Research & Development
Finance
Executive Leadership
Operations
Sales
Marketing
Product Development
Customer Support
Administration
Quality Assurance
Business Development
Engineering
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Software Developer
Research Scientist
Financial Analyst
Human Resources Manager
Product Manager
Business Development Executive
Data Analyst
Project Manager
System Administrator
Marketing Manager
Sales Representative
Administrative Assistant
Operations Manager
Legal Counsel
Quality Assurance Specialist
Customer Service Representative
Design Engineer
Account Manager
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