This Multilateral Non Disclosure Agreement template is designed for complex business relationships where multiple parties need to share confidential information under Swiss law. It is particularly useful for joint ventures, research collaborations, multi-party business transactions, or industry consortiums where participants need to exchange sensitive information while maintaining strict confidentiality. The document incorporates key requirements from Swiss legislation, including the Swiss Code of Obligations and Federal Act against Unfair Competition, making it suitable for both domestic and international business relationships with a Swiss nexus. This template includes comprehensive provisions for defining confidential information, establishing security protocols, and managing the flow of sensitive data between multiple parties, while ensuring compliance with Swiss legal requirements for contract formation and enforcement.
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1. Parties: Identification of all parties to the agreement, including their full legal names, addresses, and registration details
2. Background: Context of the relationship between the parties and purpose of sharing confidential information
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Authorized Recipients', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized recipients
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies under Swiss law
11. General Provisions: Standard provisions including notices, amendments, severability, and entire agreement
1. Intellectual Property Rights: Section clarifying that the agreement doesn't transfer any IP rights, used when confidential information includes IP-sensitive material
2. Residual Knowledge: Provisions regarding use of residual knowledge retained in memory, relevant for professional services contexts
3. Data Protection Compliance: Specific provisions for compliance with Swiss data protection laws, needed when personal data is involved
4. Competition Restrictions: Non-compete or non-solicitation provisions, if relevant to the business relationship
5. Representatives and Warranties: Specific representations regarding authority to share information and its accuracy, useful in complex business transactions
6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value or high-risk information sharing
7. Publicity: Provisions regarding public announcements or acknowledgment of the business relationship
1. Schedule 1 - Party Details: Detailed information about each party, including authorized representatives and contact details for notices
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for different types of confidential information
4. Schedule 4 - Information Categories: Categorization of different types of confidential information and their handling requirements
5. Appendix A - Form of Adherence Agreement: Template for additional parties to join the agreement
6. Appendix B - Acknowledgment Form: Form for authorized recipients to acknowledge confidentiality obligations
Relevant legal definitions
Agreement
Affiliated Company
Authorized Recipients
Business Day
Confidential Information
Disclosing Party
Effective Date
Group
Permitted Purpose
Project
Receiving Party
Representatives
Residual Information
Security Requirements
Swiss Business Hours
Trade Secret
Unauthorized Disclosure
Personal Data
Proprietary Information
Intellectual Property Rights
Controlled Persons
Data Protection Laws
Confidentiality Period
Destruction
Force Majeure Event
Material Breach
Non-Disclosure Obligations
Professional Advisors
Related Persons
Security Breach
Termination Date
Third Party
Working Hours
Affiliated Company
Authorized Recipients
Business Day
Confidential Information
Disclosing Party
Effective Date
Group
Permitted Purpose
Project
Receiving Party
Representatives
Residual Information
Security Requirements
Swiss Business Hours
Trade Secret
Unauthorized Disclosure
Personal Data
Proprietary Information
Intellectual Property Rights
Controlled Persons
Data Protection Laws
Confidentiality Period
Destruction
Force Majeure Event
Material Breach
Non-Disclosure Obligations
Professional Advisors
Related Persons
Security Breach
Termination Date
Third Party
Working Hours
Clauses
Definitions
Interpretation
Confidentiality Obligations
Permitted Use
Information Sharing
Security Measures
Data Protection
Return of Information
Term and Termination
Intellectual Property
Non-Competition
Breach and Remedies
Force Majeure
Assignment
Notices
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Counterparts
Third Party Rights
Costs
Waiver
Representation and Warranties
Indemnification
Dispute Resolution
Survival
Language
Interpretation
Confidentiality Obligations
Permitted Use
Information Sharing
Security Measures
Data Protection
Return of Information
Term and Termination
Intellectual Property
Non-Competition
Breach and Remedies
Force Majeure
Assignment
Notices
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Counterparts
Third Party Rights
Costs
Waiver
Representation and Warranties
Indemnification
Dispute Resolution
Survival
Language
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Education
Research & Development
Pharmaceuticals
Biotechnology
Information Technology
Telecommunications
Energy
Real Estate
Consumer Goods
Industrial
Relevant Teams
Legal
Compliance
Business Development
Research and Development
Executive Leadership
Information Security
Procurement
Risk Management
Corporate Governance
Operations
Finance
Strategic Partnerships
Innovation
Information Technology
Project Management
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Director
Compliance Officer
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Chief Financial Officer
Innovation Manager
Strategic Partnerships Director
Procurement Manager
Contract Manager
Risk Manager
Corporate Secretary
Head of Operations
Investment Director
Chief Information Security Officer
Intellectual Property Manager
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