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Non Disclosure Agreement For Startups

Non Disclosure Agreement For Startups Template for Switzerland

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Key Requirements PROMPT example:

Non Disclosure Agreement For Startups

"I need a Non Disclosure Agreement For Startups governed by Swiss law to protect our AI technology and business plan during upcoming Series A funding discussions with potential investors, starting January 2025."

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Document background
This Non-Disclosure Agreement For Startups is essential for Swiss startups engaging in sensitive business discussions, investment negotiations, or potential partnerships. The document is crafted to comply with Swiss law, particularly the Swiss Code of Obligations and Federal Act against Unfair Competition, providing comprehensive protection for confidential information. It is specifically designed to address the unique needs of startups, including protection of intellectual property, business plans, financial projections, and technical information. The agreement is adaptable for various business relationships, from investor discussions to potential partnerships, while maintaining strong confidentiality provisions. This template is particularly valuable in Switzerland's innovation-driven ecosystem, where protecting proprietary information is crucial for maintaining competitive advantage and securing investment opportunities.
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, purpose of sharing confidential information, and nature of the business relationship

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

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

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care

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

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

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

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. Reverse Engineering: Prohibition of reverse engineering, recommended when sharing technical information or software

2. Data Protection Compliance: Specific provisions for compliance with Swiss data protection laws, needed when personal data is involved

3. Non-Solicitation: Restrictions on soliciting employees or customers, useful for protecting business relationships

4. Export Control: Compliance with export control regulations, necessary when dealing with international parties or regulated technologies

5. Publicity: Restrictions on public announcements about the business relationship

6. Representatives' Compliance: Detailed provisions ensuring representatives comply with confidentiality obligations, useful for larger organizations

7. Competitive Activities: Provisions regarding competitive activities, important when sharing information with potential competitors

Suggested Schedules

1. Schedule 1 - Specific Confidential Information: Detailed list or categories of confidential information covered by the agreement

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

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

4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge their confidentiality obligations

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
Representatives
Permitted Purpose
Affiliate
Agreement
Business Day
Confidentiality Obligations
Disclosures
Effective Date
Intellectual Property Rights
Trade Secrets
Proprietary Information
Business Plan
Technical Information
Product Development
Financial Information
Marketing Information
Customer Data
Source Code
Know-How
Research and Development
Prototype
Strategic Plans
Term
Authorized Recipients
Related Persons
Confidential Materials
Permitted Disclosures
Relevant Industries

Technology and Software

Biotechnology

Financial Technology

Healthcare Technology

Clean Energy

E-commerce

Manufacturing

Artificial Intelligence

Internet of Things

Digital Health

Consumer Products

Professional Services

Educational Technology

Blockchain

Robotics

Relevant Teams

Legal

Executive Leadership

Business Development

Research and Development

Product Development

Investment Relations

Operations

Innovation

Corporate Development

Finance

Strategy

Intellectual Property

Information Technology

Human Resources

Partnerships

Relevant Roles

CEO

Founder

Chief Technology Officer

Business Development Manager

Legal Counsel

Investment Manager

Chief Financial Officer

Product Manager

Research Director

Head of Operations

Innovation Manager

Partnership Manager

Venture Capital Associate

Chief Strategy Officer

Intellectual Property Manager

Industries
Swiss Code of Obligations (OR/CO): Primary source of contract law in Switzerland that governs formation, content, and enforcement of contracts, including confidentiality obligations (particularly Articles 394-406 on mandate agreements and general contract provisions)
Swiss Civil Code: Provides fundamental principles of Swiss private law, including personality rights and protection of privacy, which are relevant for NDAs
Federal Act against Unfair Competition (UWG/LCD): Protects trade secrets and confidential business information, particularly Article 6 which prohibits the exploitation or disclosure of confidential information
Federal Act on Data Protection (FADP/DSG): Regulates the processing and handling of personal data, which may be relevant if confidential information includes personal data
Swiss Employment Law (within Code of Obligations): Articles 321a and 321d of the Code of Obligations regarding employee loyalty and confidentiality obligations, relevant if the NDA involves employees
Swiss Criminal Code: Articles 162 and 273 concerning the protection of manufacturing and business secrets, and economic espionage
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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