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Form NDA

Form NDA Template for Switzerland

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Key Requirements PROMPT example:

Form NDA

"I need a Form NDA under Swiss law for a potential merger discussion with a technology company, including specific provisions for protecting software source code and customer data, to be effective from March 2025."

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Document background
This Form NDA is designed for use in situations where parties need to exchange confidential information under Swiss law protection. It serves as a standardized template that can be easily adapted for various business contexts while maintaining compliance with Swiss legal requirements. The document is particularly useful for business negotiations, potential partnerships, employment relationships, or any situation requiring the disclosure of sensitive information. As a Form NDA, it includes standard provisions required under Swiss law, including references to the Swiss Code of Obligations and data protection regulations, while allowing for customization based on specific needs. The template is structured to be user-friendly while ensuring robust protection for confidential information and clear enforcement mechanisms under Swiss jurisdiction.
Suggested Sections

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

2. Background: Brief context of why the NDA is being entered into and the nature of the proposed relationship between the parties

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

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

6. Permitted Use and Disclosure: Specific purposes for which the confidential information may be used and circumstances under which disclosure is permitted

7. Term and Survival: Duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request

9. Remedies: Legal remedies available in case of breach, including injunctive relief and damages

10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution

Optional Sections

1. Data Protection: Additional provisions specifically addressing personal data handling under Swiss FADP - include when confidential information includes personal data

2. Employee and Representative Obligations: Specific provisions regarding employees and representatives who will have access to confidential information - include for corporate entities

3. Intellectual Property Rights: Clarification of IP ownership and rights - include when confidential information includes IP or potential IP

4. Non-Solicitation: Restrictions on soliciting employees or customers - include when parties are competitors or in similar industry

5. Export Control: Provisions regarding international transfer of information - include when parties are in different jurisdictions

6. Force Majeure: Provisions for extraordinary circumstances - include for long-term NDAs or when dealing with sensitive data storage

7. Insurance: Requirements for insurance coverage - include when dealing with high-value confidential information

8. Audit Rights: Rights to audit compliance with confidentiality obligations - include for high-risk or regulated industries

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered

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

3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting confidential information

4. Schedule 4 - Disclosure Log: Template for recording authorized disclosures of confidential information

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Permitted Purpose
Affiliate
Agreement
Authorized Recipients
Business Day
Confidentiality Period
Data Protection Laws
Effective Date
Group
Representatives
Security Requirements
Trade Secrets
Intellectual Property Rights
Personal Data
Professional Advisors
Restricted Period
Material Breach
Permitted Disclosures
Third Party
Working Hours
Confidentiality Obligations
Proprietary Information
Related Persons
Control
Designated Contact Person
Excluded Information
Force Majeure Event
Relevant Industries

Technology

Financial Services

Manufacturing

Healthcare

Pharmaceuticals

Biotechnology

Professional Services

Research & Development

Energy

Consumer Goods

Telecommunications

Real Estate

Education

Engineering

Construction

Media & Entertainment

Retail

Automotive

Aerospace

Chemical Industry

Relevant Teams

Legal

Human Resources

Business Development

Research and Development

Executive Leadership

Information Technology

Procurement

Operations

Finance

Compliance

Risk Management

Corporate Development

Information Security

Innovation

Strategic Planning

Partner Relations

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Contract Manager

Business Development Manager

Human Resources Director

Chief Technology Officer

Research Director

Project Manager

Investment Manager

Procurement Manager

Operations Director

Chief Financial Officer

Information Security Officer

Compliance Officer

Risk Manager

Corporate Secretary

Partnership Manager

Innovation Director

Industries
Swiss Code of Obligations (CO): The fundamental source of contract law in Switzerland, particularly Articles 394-406 regarding service contracts and general contractual obligations. It provides the basic framework for confidentiality obligations and contractual remedies.
Federal Act on Data Protection (FADP): Governs the protection of personal data and privacy rights, which is crucial when confidential information includes personal data. The revised version came into effect in 2023 with stricter requirements.
Federal Act on Unfair Competition (UCA): Contains provisions protecting trade secrets and know-how (particularly Article 6), which are often subject to NDAs. It provides additional statutory protection against unfair exploitation of confidential information.
Swiss Criminal Code: Articles 162 and 273 specifically deal with the violation of manufacturing or trade secrets and economic espionage, providing criminal law consequences for severe breaches of confidentiality.
Federal Act on Patents for Inventions: Relevant when the confidential information includes potential patentable innovations or technical information that could affect patent rights.
Swiss Civil Code: Contains general principles of Swiss law, including good faith (Article 2), which is particularly relevant for interpreting and enforcing confidentiality obligations.
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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