This Model Non-Disclosure Agreement is designed for use in business relationships where parties need to share sensitive or proprietary information while ensuring legal protection under Swiss law. It serves as a template that can be customized for various business contexts, from potential investments and joint ventures to supplier relationships and consulting arrangements. The document incorporates requirements from the Swiss Code of Obligations, Swiss Federal Act on Data Protection, and other relevant Swiss legislation. This Model Non-Disclosure Agreement includes comprehensive provisions for defining confidential information, establishing handling procedures, and outlining remedies for breach, while maintaining alignment with Swiss legal principles and business practices. It is particularly suitable for both domestic Swiss transactions and international business relationships where Swiss law is chosen as the governing law.
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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, affiliated entities, and other key terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and marking requirements
5. Obligations of Receiving Party: Core confidentiality obligations, standard of care, and permitted uses of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Remedies: Available remedies in case of breach, including injunctive relief
10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and execution details
1. Data Protection Compliance: Additional provisions for compliance with Swiss Federal Act on Data Protection when personal data is involved
2. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
3. Export Control: Provisions regarding compliance with export control laws when applicable
4. Intellectual Property Rights: Clarification that no IP rights are transferred through the disclosure of confidential information
5. Assignment: Rules regarding the ability to assign rights and obligations under the agreement
6. Notices: Formal requirements for sending notices between parties
7. Force Majeure: Provisions for handling circumstances beyond parties' control
8. Third Party Rights: Provisions regarding rights of third parties under the agreement
1. Schedule 1 - Description of Purpose: Detailed description of the business purpose for which confidential information is shared
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Requirements: Specific security measures required for handling confidential information
4. Schedule 4 - Categories of Confidential Information: Detailed list or categories of information considered confidential under the agreement
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