This Consultant Confidentiality Agreement is essential when engaging external consultants who will have access to sensitive company information during their work. The agreement, governed by Swiss law, establishes binding confidentiality obligations while ensuring compliance with Swiss legal requirements, including the Federal Data Protection Act and Code of Obligations. It's particularly important for protecting trade secrets, proprietary information, client data, and other confidential business information. The document should be used before sharing any sensitive information with consultants and typically includes detailed provisions on the scope of confidential information, security measures, permitted uses, and enforcement mechanisms. This agreement is suitable for both Swiss domestic arrangements and international consulting relationships where Swiss law is chosen as the governing law.
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1. Parties: Identification of the disclosing party (typically the company) and the receiving party (the consultant), including full legal names and addresses
2. Background: Context of the consulting relationship and purpose of the confidentiality agreement
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Data Protection Compliance: Specific provisions for compliance with Swiss FDPA - include when personal data is involved
2. Intellectual Property Rights: Provisions clarifying IP ownership - include when consultant may develop or work with IP
3. Non-Competition: Restrictions on competitive activities - include when consultant has access to highly sensitive strategic information
4. Non-Solicitation: Restrictions on soliciting employees or clients - include when consultant has significant contact with staff or customers
5. Insurance Requirements: Obligations to maintain specific insurance coverage - include for high-risk or regulated industry consultancy
6. Audit Rights: Rights to audit consultant's compliance - include for highly sensitive information or regulated industries
7. Third Party Rights: Provisions regarding rights of third parties - include when third party information may be shared
1. Schedule 1 - Description of Services: Detailed description of consulting services to provide context for confidentiality obligations
2. Schedule 2 - Categories of Confidential Information: Specific listing of types of confidential information covered
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive confidential information
4. Schedule 4 - Security Protocols: Detailed security measures and protocols to be followed
5. Appendix A - Form of Acknowledgment: Template for acknowledgment by consultant's representatives who will have access to confidential information
6. Appendix B - Data Processing Terms: Detailed terms for personal data processing if applicable under Swiss FDPA
Relevant legal definitions
Agreement
Affiliated Companies
Authorized Purpose
Authorized Representatives
Company
Confidential Information
Consultant
Consulting Services
Data Protection Laws
Disclosing Party
Effective Date
Excluded Information
Intellectual Property Rights
Personal Data
Permitted Recipients
Project
Receiving Party
Representatives
Security Requirements
Services
Term
Third Party Information
Trade Secrets
Affiliated Companies
Authorized Purpose
Authorized Representatives
Company
Confidential Information
Consultant
Consulting Services
Data Protection Laws
Disclosing Party
Effective Date
Excluded Information
Intellectual Property Rights
Personal Data
Permitted Recipients
Project
Receiving Party
Representatives
Security Requirements
Services
Term
Third Party Information
Trade Secrets
Clauses
Interpretation
Definitions
Confidentiality Obligations
Permitted Use
Information Security
Data Protection
Return of Information
Term and Termination
Survival
Remedies
Indemnification
Notice
Assignment
Severability
Entire Agreement
Amendment
Waiver
Force Majeure
Governing Law
Jurisdiction
Third Party Rights
Counterparts
Non-Solicitation
Non-Competition
Intellectual Property
Dispute Resolution
Compliance with Laws
Audit Rights
Representatives and Warranties
Insurance
Definitions
Confidentiality Obligations
Permitted Use
Information Security
Data Protection
Return of Information
Term and Termination
Survival
Remedies
Indemnification
Notice
Assignment
Severability
Entire Agreement
Amendment
Waiver
Force Majeure
Governing Law
Jurisdiction
Third Party Rights
Counterparts
Non-Solicitation
Non-Competition
Intellectual Property
Dispute Resolution
Compliance with Laws
Audit Rights
Representatives and Warranties
Insurance
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Pharmaceuticals
Biotechnology
Industrial
Research & Development
Energy
Telecommunications
Consumer Goods
Education
Media & Entertainment
Real Estate
Relevant Teams
Legal
Human Resources
Procurement
Information Technology
Research & Development
Executive Leadership
Compliance
Risk Management
Information Security
Operations
Finance
Business Development
Project Management
Relevant Roles
Legal Counsel
HR Manager
Procurement Manager
Project Manager
Chief Executive Officer
Chief Technology Officer
Chief Financial Officer
Operations Director
Research Director
External Consultant
Independent Contractor
Business Development Manager
Department Head
Compliance Officer
Risk Manager
Information Security Officer
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