Medical Non Disclosure Agreement Template for Switzerland

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Key Requirements PROMPT example:

Medical Non Disclosure Agreement

I need a Medical Non-Disclosure Agreement under Swiss law for a partnership between our medical device company and a research hospital in Zurich, specifically covering confidential patient data and prototype testing results for a new diagnostic device starting in March 2025.

Document background
This Medical Non-Disclosure Agreement is essential for organizations handling sensitive medical information in Switzerland. It should be used whenever confidential medical data, patient information, or proprietary healthcare processes need to be shared between parties in a medical context. The document ensures compliance with Swiss federal and cantonal regulations, including the Federal Act on Data Protection and healthcare-specific legislation. It includes comprehensive provisions for data security, breach notification procedures, and specific requirements for handling electronic health records. The agreement is particularly crucial for healthcare providers, research institutions, and medical service providers operating under Swiss jurisdiction, where strict medical confidentiality laws apply.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their legal status and contact details

2. Background: Context of the agreement, nature of the medical relationship, and purpose of sharing confidential information

3. Definitions: Detailed definitions including 'Confidential Information', 'Medical Data', 'Personal Data', and other key terms specific to medical context

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically addressing medical records, patient data, and research information

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information, including specific requirements under Swiss medical privacy laws

6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed, including medical necessity and legal requirements

7. Data Protection and Security Measures: Required security measures for protecting medical data in compliance with Swiss data protection laws

8. Duration of Confidentiality Obligations: Timeframe for confidentiality obligations and obligations that survive termination

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

10. Breach Notification: Requirements and procedures for reporting any breaches of confidentiality

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

Optional Sections

1. International Data Transfers: Required when confidential information may be transferred outside Switzerland, addressing cross-border data protection requirements

2. Research and Clinical Trial Provisions: Needed when the NDA relates to medical research or clinical trials, incorporating requirements from the Human Research Act

3. Electronic Health Records Handling: Required when dealing with electronic health records, incorporating EPRA requirements

4. Third Party Access: Needed when other healthcare providers, researchers, or service providers may need access to the confidential information

5. Insurance and Liability: Optional section addressing insurance requirements and liability limitations for data breaches

6. Publication Rights: Required for research-related agreements where publication of findings may be relevant

7. Cantonal Specific Requirements: Needed when activities fall under specific cantonal health regulations

Suggested Schedules

1. Schedule 1: Categories of Confidential Information: Detailed listing of types of confidential medical information covered by the agreement

2. Schedule 2: Approved Security Measures: Specific technical and organizational measures required for data protection

3. Schedule 3: Authorized Personnel: List of individuals authorized to access confidential information and their access levels

4. Schedule 4: Data Processing Procedures: Detailed procedures for handling and processing confidential medical information

5. Appendix A: Breach Notification Procedures: Step-by-step procedures for handling and reporting confidentiality breaches

6. Appendix B: Compliance Checklist: Checklist ensuring compliance with Swiss medical privacy and data protection 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 legal definitions
Clauses
Relevant Industries

Healthcare

Pharmaceuticals

Biotechnology

Medical Devices

Healthcare Technology

Medical Research

Clinical Trials

Healthcare Insurance

Medical Data Management

Healthcare Consulting

Digital Health

Laboratory Services

Relevant Teams

Legal

Compliance

Medical Affairs

Research and Development

Data Protection

Clinical Operations

Healthcare Information Technology

Medical Records

Quality Assurance

Regulatory Affairs

Ethics Committee

Information Security

Patient Services

Healthcare Operations

Relevant Roles

Medical Director

Chief Medical Officer

Clinical Research Coordinator

Healthcare Privacy Officer

Medical Data Protection Officer

Hospital Administrator

Research Ethics Committee Member

Medical Research Director

Healthcare Compliance Officer

Clinical Trial Manager

Medical Information Officer

Healthcare Legal Counsel

Medical Records Manager

Healthcare Operations Director

Medical Technology 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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