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Non Disclosure Agreement Proprietary Information

Non Disclosure Agreement Proprietary Information Template for Switzerland

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Key Requirements PROMPT example:

Non Disclosure Agreement Proprietary Information

"I need a Non Disclosure Agreement Proprietary Information under Swiss law for sharing technical manufacturing processes with a potential joint venture partner in the pharmaceutical industry, with special attention to protecting our patented drug formulation methods and research data."

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Document background
This Non Disclosure Agreement Proprietary Information is essential for businesses and individuals operating under Swiss jurisdiction who need to protect sensitive information during business discussions, negotiations, or collaborative ventures. The document is particularly relevant when parties need to share trade secrets, technical know-how, business strategies, or other proprietary information while ensuring legal protection under Swiss law. It incorporates provisions from key Swiss legislation including the Code of Obligations, Federal Act on Data Protection, and Federal Act on Unfair Competition, providing comprehensive protection for confidential information. The agreement is commonly used in situations ranging from business negotiations and due diligence processes to research collaborations and service provider relationships, offering flexibility while maintaining strong confidentiality safeguards.
Suggested Sections

1. Parties: Identification and details of the disclosing and receiving parties

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

3. Definitions: Definition of 'Confidential Information' and other key terms used in the agreement

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

5. Obligations of Confidentiality: Core obligations regarding the handling and protection of confidential information

6. Permitted Use: Specified purposes for which the confidential information may be used

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed to third parties

8. Security Measures: Required security measures for protecting confidential information

9. Return or Destruction: Obligations regarding the return or destruction of confidential information

10. Duration and Survival: Term of the agreement and survival of obligations

11. Breach and Remedies: Consequences of breach and available remedies under Swiss law

12. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Intellectual Property Rights: Specific provisions regarding IP rights when confidential information includes IP-protected material

2. Data Protection Compliance: Additional provisions when personal data is involved, ensuring FADP compliance

3. Employee and Contractor Obligations: Specific provisions for when confidential information will be shared with employees or contractors

4. Competitive Activities: Non-compete provisions if relevant to the business relationship

5. Export Control: Provisions regarding international transfer of information if applicable

6. Insurance Requirements: Insurance obligations for particularly sensitive or valuable information

7. Audit Rights: Rights to audit compliance with the NDA obligations

Suggested Schedules

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

2. Schedule 2 - Authorized Recipients: List of authorized individuals or entities who may access the confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed

4. Appendix A - Contact Information: Key contacts for notices and communication regarding the NDA

5. Appendix B - Destruction Certificate Template: Template for certifying destruction 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
Proprietary Information
Trade Secrets
Disclosing Party
Receiving Party
Authorized Purpose
Authorized Recipients
Affiliate
Representatives
Intellectual Property Rights
Technical Information
Business Information
Know-How
Personal Data
Confidential Materials
Permitted Use
Effective Date
Confidentiality Period
Disclosure Period
Third Party
Associated Company
Derivative Information
Security Measures
Compliance Requirements
Destruction Certificate
Residual Information
Excluded Information
Group Company
Professional Advisers
Working Day
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Pharmaceuticals

Biotechnology

Professional Services

Research & Development

Energy

Telecommunications

Real Estate

Consumer Goods

Industrial

Education

Media & Entertainment

Relevant Teams

Legal

Business Development

Research & Development

Executive Leadership

Human Resources

Procurement

Information Technology

Finance

Operations

Innovation

Compliance

Strategic Partnerships

Product Development

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Research Director

Project Manager

Investment Manager

Technical Director

Human Resources Director

Procurement Manager

Innovation Manager

Partnership Manager

Operations Director

Chief Technology Officer

Chief Financial Officer

Compliance Officer

Industries
Swiss Code of Obligations (OR/CO): The fundamental law governing contracts in Switzerland, particularly Articles 394-406 regarding contractual obligations and Article 321a regarding duty of confidentiality in employment relationships
Swiss Federal Act on Data Protection (FADP/DSG): Governs the protection of personal data and privacy rights, which is crucial when confidential information includes personal data
Swiss Federal Act on Unfair Competition (UWG): Articles 4 and 6 specifically address the protection of trade secrets and confidential business information
Swiss Federal Act on Patents (PatG): Relevant when the NDA covers potential patent-related information or inventions that need protection
Swiss Federal Copyright Act: Applicable when the confidential information includes copyrightable works or related rights
Swiss Criminal Code: Article 162 specifically addresses the breach of manufacturing or trade secrets, providing criminal law protection
Swiss Federal Act on Cartels (CartA): Relevant for ensuring the NDA provisions do not violate competition law, particularly in business-to-business relationships
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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