Information Technology Non Disclosure Agreement Template for Switzerland

The Information Technology Non Disclosure Agreement (Swiss) is essential for protecting confidential information in technology-related business relationships. This document is particularly relevant when parties need to share sensitive technical information such as source code, system specifications, or proprietary technological processes. It is commonly used in software development projects, IT consulting engagements, system integration projects, and technology partnerships within Switzerland or involving Swiss entities. The agreement complies with Swiss federal laws, including data protection regulations and the Code of Obligations, while addressing specific IT sector requirements. It provides comprehensive protection for both digital and physical forms of confidential information, incorporating provisions for modern technology concerns such as cloud storage, remote access, and digital intellectual property. The document is structured to be both technically precise and legally robust under Swiss jurisdiction.

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

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

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'IT Systems', 'Trade Secrets', 'Intellectual Property', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, particularly IT-related aspects such as source code, algorithms, databases, and technical specifications

5. Obligations of Receiving Party: Core confidentiality obligations, security measures, and handling requirements for confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, contractors, and legal requirements

7. Data Protection and Security: Specific measures required for protecting digital information, including cybersecurity requirements and data handling protocols

8. Term and Termination: Duration of the agreement and obligations upon termination

9. Return or Destruction of Confidential Information: Procedures for handling confidential information after the agreement ends, including digital data deletion requirements

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

11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments