Mutual Confidentiality And Non Disclosure Agreement Template for Switzerland

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Key Requirements PROMPT example:

Mutual Confidentiality And Non Disclosure Agreement

"I need a Mutual Confidentiality And Non Disclosure Agreement under Swiss law for a potential joint venture between our biotech company and a Swiss pharmaceutical manufacturer, where we'll be sharing sensitive research data and manufacturing processes starting March 2025."

Document background
This Mutual Confidentiality And Non Disclosure Agreement is essential for businesses and individuals operating under Swiss law who need to protect sensitive information during business discussions, negotiations, or collaborative ventures. The document is particularly relevant when parties need to exchange confidential information for potential business opportunities, joint ventures, or other commercial relationships. It incorporates specific requirements of Swiss law, including provisions from the Swiss Code of Obligations and Federal Act on Data Protection, while providing comprehensive protection for trade secrets and proprietary information. The agreement is designed to be reciprocal, ensuring both parties have equal obligations and protections when sharing sensitive information, and includes specific enforcement mechanisms available under Swiss jurisdiction.
Suggested Sections

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

2. Background: Context of the agreement and purpose of sharing confidential information

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

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

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement

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

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

9. No Grant of Rights: Clarification that no intellectual property rights are transferred

10. Remedies: Available remedies in case of breach, including injunctive relief

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

Optional Sections

1. Non-Solicitation: Prevents parties from soliciting each other's employees or clients, used when parties have significant human resource concerns

2. Data Protection: Specific provisions for handling personal data under Swiss FADP, required when personal data processing is involved

3. Export Control: Provisions regarding export control regulations, needed when dealing with international transfers of technical information

4. Non-Competition: Restrictions on competitive activities, used when parties are potential competitors

5. Press Releases and Public Announcements: Controls on public communications about the relationship, useful for high-profile collaborations

6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk information exchanges

7. Force Majeure: Provisions for unforeseen circumstances affecting performance, useful in long-term NDAs

Suggested Schedules

1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for information sharing

2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information

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

4. Schedule 4 - Information Categories: Categorization of different types of confidential information and their handling requirements

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

Healthcare

Financial Services

Manufacturing

Professional Services

Research & Development

Biotechnology

Real Estate

Energy

Telecommunications

Consumer Goods

Education

Entertainment

Aerospace

Automotive

Relevant Teams

Legal

Executive Leadership

Business Development

Research and Development

Human Resources

Finance

Procurement

Information Technology

Corporate Strategy

Operations

Compliance

Investment

Product Development

Innovation

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Business Development Manager

Research Director

Chief Technology Officer

Project Manager

Human Resources Director

Chief Financial Officer

Procurement Manager

Innovation Manager

Strategic Partnership Director

Investment Manager

Operations Director

Compliance Officer

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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