Consultant NDA Template for Switzerland

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Key Requirements PROMPT example:

Consultant NDA

"I need a Consultant NDA under Swiss law for a technology consultant who will be accessing our source code and product development plans starting March 2025; the agreement should include strong IP protection clauses and data security requirements."

Document background
This Consultant NDA is essential for companies engaging external consultants or consulting firms in Switzerland. It should be used before sharing any confidential or proprietary information with consultants during project discussions, engagements, or ongoing advisory relationships. The document, governed by Swiss law, includes comprehensive confidentiality provisions, data protection requirements, and specific clauses addressing the unique aspects of consulting relationships. It defines the scope of confidential information, usage restrictions, security requirements, and obligations for information handling, while ensuring compliance with Swiss federal laws including the Code of Obligations and Data Protection Act. This agreement is particularly crucial in protecting sensitive business information, trade secrets, and intellectual property during consulting engagements.
Suggested Sections

1. Parties: Identification of the disclosing party (company) and receiving party (consultant), including full legal names and addresses

2. Background: Context of the consulting relationship and purpose of the NDA

3. Definitions: Key terms including 'Confidential Information', 'Consulting Services', 'Permitted Purpose', and other relevant definitions

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the consulting relationship

5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to approved representatives and when required by law

7. Security Measures: Required measures for protecting confidential information, including physical, electronic, and procedural safeguards

8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

9. Term and Survival: Duration of the agreement and survival of obligations after termination

10. Intellectual Property Rights: Protection of IP rights and ownership of any developments during the consulting relationship

11. Remedies: Available remedies in case of breach, including injunctive relief and damages

12. General Provisions: Standard clauses including governing law (Swiss law), jurisdiction, amendments, and notices

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when consultant may have access to highly sensitive competitive information

2. Data Protection Compliance: Specific provisions addressing FADP compliance, required when personal data processing is involved

3. Third Party Disclosure: Additional provisions for cases where consultant needs to share information with subcontractors or team members

4. International Transfer of Information: Required when consultant will access or transfer confidential information across borders

5. Consultant Personnel: Used when consultant works with a team or employees who will also need access to confidential information

6. Insurance Requirements: Specific insurance obligations for consultant, used in high-risk or regulated industries

7. Audit Rights: Company's right to audit consultant's compliance, used in regulated industries or for highly sensitive information

Suggested Schedules

1. Schedule 1 - Scope of Consulting Services: Detailed description of the consulting services to be provided

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed

4. Schedule 4 - Types of Confidential Information: Detailed categorization of confidential information covered

5. Appendix A - Data Processing Requirements: Specific requirements for handling personal data under Swiss law

6. Appendix B - Approved Subcontractors: List of pre-approved subcontractors or third parties, if applicable

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

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Pharmaceuticals

Telecommunications

Energy

Consumer Goods

Industrial

Education

Real Estate

Biotechnology

Software Development

Management Consulting

Relevant Teams

Legal

Human Resources

Procurement

Executive Leadership

Operations

Information Technology

Finance

Compliance

Risk Management

Project Management Office

Business Development

Research & Development

Strategy

Information Security

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Head of Procurement

Legal Counsel

HR Director

Project Manager

Operations Director

Chief Technology Officer

Business Development Manager

Procurement Officer

Contract Manager

Risk Manager

Compliance Officer

Department Head

Strategy Director

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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