Non Solicitation NDA Template for Switzerland

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Key Requirements PROMPT example:

Non Solicitation NDA

"I need a Non Solicitation NDA for a software development company in Zurich entering into a strategic partnership with a tech consultant, with particular focus on protecting our development team and client relationships for 24 months after engagement."

Document background

This Non Solicitation NDA is designed for use in business relationships where protection of both confidential information and business relationships is crucial. The document is particularly relevant when parties are entering into business discussions, partnerships, or employment relationships in Switzerland where access to sensitive information and key business relationships will be granted. It combines comprehensive confidentiality provisions with specific non-solicitation clauses that prevent the solicitation of employees, clients, and business partners, all while ensuring compliance with Swiss legal requirements. The agreement is structured to meet the enforceability requirements under Swiss law, particularly regarding reasonable limitations on scope, duration, and geographic reach of non-solicitation provisions. It's especially useful in scenarios involving business negotiations, due diligence processes, strategic partnerships, or employment relationships where protection of both information and business relationships is paramount.

Suggested Sections

1. Parties: Identification of the contracting parties with full legal names and addresses

2. Background: Context of the agreement and business relationship between the parties

3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Solicitation', and 'Restricted Period'

4. Confidentiality Obligations: Core confidentiality provisions, including scope of confidential information and protection requirements

5. Non-Solicitation Covenants: Specific provisions preventing solicitation of employees, customers, and business partners

6. Duration and Geographic Scope: Temporal and territorial limits of the obligations, ensuring compliance with Swiss law requirements for reasonableness

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients

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

9. Data Protection Compliance: Provisions ensuring compliance with Swiss data protection laws

10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

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

12. General Provisions: Standard clauses including severability, amendments, and notices

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Consideration: Required if separate consideration is being provided for the non-solicitation obligations

2. Intellectual Property Rights: Added when confidential information includes IP requiring specific protection measures

3. Audit Rights: Include when ongoing monitoring of compliance is required

4. Insurance Requirements: Added for high-value relationships requiring specific insurance coverage

5. Representative Warranties: Include when specific representations about confidential information or authority are needed

6. Survival: Specific provisions about which obligations survive termination, if different from standard terms

7. Third Party Rights: Include when affiliates or other third parties need specific rights under the agreement

8. Force Majeure: Added when need to address extraordinary circumstances affecting compliance

Suggested Schedules

1. Schedule A - Confidential Information: Detailed listing of types of confidential information covered

2. Schedule B - Restricted Entities: List of specific companies, employees, or customers covered by non-solicitation provisions

3. Schedule C - Security Measures: Specific technical and organizational measures required for protecting confidential information

4. Schedule D - Authorized Recipients: List of individuals or roles authorized to receive confidential information

5. Appendix 1 - Data Processing Terms: Detailed data protection and processing requirements when personal data is involved

6. Appendix 2 - Notice Requirements: Specific procedures and contact details for required notices under the agreement

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Financial Services

Professional Services

Healthcare

Pharmaceuticals

Manufacturing

Research & Development

Consulting

Engineering

Biotechnology

Software Development

Investment Banking

Private Equity

Legal Services

Telecommunications

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Procurement

Compliance

Risk Management

Strategy

Commercial Operations

Information Security

Finance

Research & Development

Operations

Corporate Development

Talent Acquisition

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Human Resources Director

Business Development Manager

Chief Financial Officer

Chief Technology Officer

Managing Director

Partner

Head of Recruitment

Procurement Manager

Project Manager

Department Head

Vice President

Chief Operating Officer

Compliance Officer

Legal Counsel

HR Business Partner

Commercial Director

Strategy Director

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Let's create your Non Solicitation NDA

Authors

Alex Denne

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