Confidentiality Waiver Template for Switzerland

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Key Requirements PROMPT example:

Confidentiality Waiver

"I need a Confidentiality Waiver under Swiss law to allow our biotech company to share specific research data with potential investors during our Series B funding round in March 2025, while maintaining protection for our core IP."

Document background
The Confidentiality Waiver is essential in situations where parties need to legally and safely disclose confidential information that is otherwise protected by existing confidentiality obligations. This document type is commonly used in Switzerland during due diligence processes, corporate transactions, regulatory investigations, or when sharing sensitive information with professional advisors. The waiver must comply with Swiss federal laws, including data protection regulations and the Code of Obligations. It provides a structured framework for managing confidential information disclosure while maintaining protection for information outside the waiver's scope. The document typically specifies what information can be disclosed, to whom, for what purpose, and for how long, making it a crucial tool for businesses operating under Swiss jurisdiction that need to share protected information in a controlled manner.
Suggested Sections

1. Parties: Identification of the party granting the waiver (the 'Waiving Party') and the party receiving the benefit of the waiver (the 'Receiving Party')

2. Background: Context of the confidentiality obligation and the reason for the waiver

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', and 'Waiver Period'

4. Scope of Waiver: Precise description of what confidential information is covered by the waiver and the extent of permitted disclosure

5. Duration: Time period for which the waiver is valid

6. Limitations and Restrictions: Any conditions or restrictions on the use of the confidential information

7. Surviving Obligations: Identification of any confidentiality obligations that remain in force

8. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Third Party Rights: Include when the confidential information involves or affects third party rights

2. Data Protection Compliance: Include when personal data is involved, addressing FADP requirements

3. Industry-Specific Provisions: Include when the waiver relates to regulated industries (e.g., banking, healthcare)

4. Return or Destruction of Information: Include when specific handling of physical or electronic confidential information is required

5. Publicity: Include when there's a need to address public announcements about the waiver

6. Indemnification: Include when the receiving party should indemnify the waiving party against certain risks

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or description of the specific confidential information covered by the waiver

2. Schedule 2 - Authorized Recipients: List of specific individuals or entities authorized to receive the confidential information

3. Schedule 3 - Permitted Purposes: Detailed description of the authorized uses of the confidential information

4. Appendix A - Original Confidentiality Agreement: Copy of the original confidentiality agreement being waived

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Financial Services

Banking

Healthcare

Technology

Manufacturing

Professional Services

Pharmaceuticals

Biotechnology

Telecommunications

Legal Services

Consulting

Research and Development

Insurance

Real Estate

Energy

Relevant Teams

Legal

Compliance

Risk Management

Corporate Secretariat

Executive Leadership

Human Resources

Information Security

Data Protection

Corporate Development

Research & Development

Finance

Business Development

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Compliance Officer

Data Protection Officer

Corporate Secretary

Risk Manager

Chief Financial Officer

Business Development Director

Human Resources Director

Information Security Officer

Project Manager

Research Director

Merger & Acquisition Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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