Financial Non Disclosure Agreement Template for Switzerland

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Key Requirements PROMPT example:

Financial Non Disclosure Agreement

"I need a Financial Non-Disclosure Agreement under Swiss law for a potential merger between our wealth management firm and a FinTech startup, with special attention to client data protection and cross-border data transfer provisions, to be effective from March 2025."

Document background
The Financial Non-Disclosure Agreement is essential for organizations operating in Switzerland's financial sector who need to share sensitive financial, business, or client information while maintaining strict confidentiality. This document is particularly relevant given Switzerland's stringent banking secrecy laws, data protection regulations, and financial market supervision requirements. It should be used when financial institutions, investment firms, or related organizations need to exchange confidential information for potential business relationships, transactions, or collaborations. The agreement incorporates specific provisions required under Swiss law, including compliance with the Banking Act, Financial Market Supervision Act, and Data Protection Act, making it suitable for both domestic and international financial operations within Swiss jurisdiction.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details

2. Background: Context of the agreement, nature of the financial relationship, and purpose of sharing confidential information

3. Definitions: Detailed definitions including 'Confidential Information', 'Financial Information', 'Trade Secrets', 'Authorized Personnel', and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically addressing financial data, customer information, and trade secrets

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including regulatory requirements and legal obligations

7. Data Protection and Security Measures: Specific measures required to protect confidential information, compliance with Swiss data protection laws

8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon termination or request

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

10. Breach and Remedies: Consequences of breach, including injunctive relief and damages

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

Optional Sections

1. Insider Trading Prevention: Required when the NDA covers market-sensitive information or involves listed companies

2. Bank Secrecy Provisions: Required when one party is a bank or the information includes banking details covered by Swiss banking secrecy laws

3. Cross-Border Data Transfers: Required when confidential information may be transferred outside Switzerland

4. Regulatory Reporting Requirements: Required when parties are subject to financial regulatory reporting obligations

5. Information Security Standards: Detailed IT and security requirements for handling digital financial information

6. Audit Rights: Provisions allowing audit of compliance with confidentiality obligations

7. Insurance Requirements: Specific insurance coverage requirements for confidential information protection

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of financial and business information covered

2. Schedule 2 - Authorized Personnel: List of individuals or roles authorized to access the confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information

4. Schedule 4 - Data Protection Compliance Measures: Specific measures for compliance with Swiss data protection requirements

5. Appendix A - Information Handling Procedures: Step-by-step procedures for handling, storing, and transmitting confidential information

6. Appendix B - Incident Response Plan: Procedures for handling and reporting potential breaches of confidentiality

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 legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Investment Management

Insurance

FinTech

Wealth Management

Private Banking

Corporate Finance

Investment Banking

Asset Management

Financial Technology

Professional Services

Regulatory Compliance

Risk Management

Relevant Teams

Legal

Compliance

Risk Management

Finance

Treasury

Investment Management

Corporate Development

Mergers & Acquisitions

Private Banking

Wealth Management

Information Security

Data Protection

Corporate Finance

Investment Banking

Operations

Relevant Roles

Chief Financial Officer

Compliance Officer

Legal Counsel

Investment Manager

Financial Controller

Risk Manager

Private Banker

Wealth Manager

Investment Advisor

Financial Analyst

Portfolio Manager

Chief Investment Officer

Head of Treasury

Financial Director

Relationship Manager

Due Diligence Officer

Chief Risk Officer

Head of Compliance

Investment Banking Associate

Corporate Finance 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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