This Mutual Confidentiality And Non Disclosure Agreement is essential for businesses and individuals operating under Swiss law who need to protect sensitive information during business discussions, negotiations, or collaborative ventures. The document is particularly relevant when parties need to exchange confidential information for potential business opportunities, joint ventures, or other commercial relationships. It incorporates specific requirements of Swiss law, including provisions from the Swiss Code of Obligations and Federal Act on Data Protection, while providing comprehensive protection for trade secrets and proprietary information. The agreement is designed to be reciprocal, ensuring both parties have equal obligations and protections when sharing sensitive information, and includes specific enforcement mechanisms available under Swiss jurisdiction.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant definitions
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 representatives and by legal requirement
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. No Grant of Rights: Clarification that no intellectual property rights are transferred
10. Remedies: Available remedies in case of breach, including injunctive relief
11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Non-Solicitation: Prevents parties from soliciting each other's employees or clients, used when parties have significant human resource concerns
2. Data Protection: Specific provisions for handling personal data under Swiss FADP, required when personal data processing is involved
3. Export Control: Provisions regarding export control regulations, needed when dealing with international transfers of technical information
4. Non-Competition: Restrictions on competitive activities, used when parties are potential competitors
5. Press Releases and Public Announcements: Controls on public communications about the relationship, useful for high-profile collaborations
6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk information exchanges
7. Force Majeure: Provisions for unforeseen circumstances affecting performance, useful in long-term NDAs
1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for information sharing
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures for protecting confidential information
4. Schedule 4 - Information Categories: Categorization of different types of confidential information and their handling requirements
Relevant legal definitions
Affiliates
Agreement
Authorised Purpose
Authorised Recipients
Business Day
Confidential Information
Disclosing Party
Effective Date
Group
Information
Intellectual Property Rights
Non-Confidential Information
Party/Parties
Personal Data
Personnel
Pre-Existing Information
Project
Receiving Party
Representatives
Restricted Period
Security Requirements
Subsidiary
Term
Third Party
Trade Secrets
Agreement
Authorised Purpose
Authorised Recipients
Business Day
Confidential Information
Disclosing Party
Effective Date
Group
Information
Intellectual Property Rights
Non-Confidential Information
Party/Parties
Personal Data
Personnel
Pre-Existing Information
Project
Receiving Party
Representatives
Restricted Period
Security Requirements
Subsidiary
Term
Third Party
Trade Secrets
Clauses
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Information Protection
Return of Information
Term and Termination
Intellectual Property
Data Protection
Non-Solicitation
Remedies
Injunctive Relief
Notice Requirements
Assignment
Severability
Force Majeure
Entire Agreement
Amendment
Waiver
Third Party Rights
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Survival
Permitted Use
Permitted Disclosure
Information Protection
Return of Information
Term and Termination
Intellectual Property
Data Protection
Non-Solicitation
Remedies
Injunctive Relief
Notice Requirements
Assignment
Severability
Force Majeure
Entire Agreement
Amendment
Waiver
Third Party Rights
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Survival
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research & Development
Biotechnology
Real Estate
Energy
Telecommunications
Consumer Goods
Education
Entertainment
Aerospace
Automotive
Relevant Teams
Legal
Executive Leadership
Business Development
Research and Development
Human Resources
Finance
Procurement
Information Technology
Corporate Strategy
Operations
Compliance
Investment
Product Development
Innovation
Corporate Communications
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Business Development Manager
Research Director
Chief Technology Officer
Project Manager
Human Resources Director
Chief Financial Officer
Procurement Manager
Innovation Manager
Strategic Partnership Director
Investment Manager
Operations Director
Compliance Officer
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