This Mutual Non-Disclosure Agreement template is specifically designed for use under Swiss law when parties need to share confidential information in business negotiations, partnerships, or commercial relationships. It provides a robust framework for protecting sensitive information while complying with Swiss legal requirements, including the Swiss Code of Obligations and Federal Act on Data Protection. The document is particularly useful in preliminary business discussions, due diligence processes, joint ventures, or any situation where proprietary information needs to be shared. It includes comprehensive definitions of confidential information, clear obligations for both parties, and specific provisions for handling sensitive data under Swiss jurisdiction. The agreement's mutual nature ensures that both parties have equal obligations and protections when sharing their respective confidential information.
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1. Parties: Identification and details of all parties entering into the NDA, including registered addresses and company details
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law
6. Protection Measures: Specific measures required to protect confidential information
7. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which obligations survive termination
9. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
10. General Provisions: Standard provisions including entire agreement, amendments, and severability
1. Data Protection: Specific provisions relating to personal data protection under FADP - include when personal data will be shared
2. Intellectual Property Rights: Clarification of IP ownership and rights - include when sharing involves IP-sensitive materials
3. Non-Solicitation: Restrictions on soliciting employees or clients - include when parties have valuable human resources or client relationships
4. Breach Notification: Procedures for notifying of potential breaches - include for highly sensitive information
5. Insurance Requirements: Obligations to maintain specific insurance coverage - include for high-value commercial relationships
6. Export Control: Compliance with export control regulations - include when sharing technical or regulated information
7. Force Majeure: Provisions for unexpected events affecting compliance - include for long-term NDAs
1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for information sharing
2. Schedule 2 - Categories of Confidential Information: Specific listing of information types covered by the NDA
3. Schedule 3 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
4. Appendix A - Security Protocols: Specific security measures and protocols required for handling confidential information
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Affiliate
Permitted Purpose
Representatives
Trade Secrets
Personal Data
Proprietary Information
Authorized Recipients
Agreement
Business Day
Confidentiality Period
Effective Date
Group Company
Intellectual Property Rights
Notice
Party/Parties
Professional Advisers
Security Measures
Permitted Disclosures
Third Party
Working Hours
Data Protection Laws
Residual Information
Disclosing Party
Receiving Party
Affiliate
Permitted Purpose
Representatives
Trade Secrets
Personal Data
Proprietary Information
Authorized Recipients
Agreement
Business Day
Confidentiality Period
Effective Date
Group Company
Intellectual Property Rights
Notice
Party/Parties
Professional Advisers
Security Measures
Permitted Disclosures
Third Party
Working Hours
Data Protection Laws
Residual Information
Clauses
Definitions
Confidentiality Obligations
Permitted Use
Information Protection
Permitted Disclosures
Return or Destruction of Information
Data Protection
Term and Termination
Breach and Remedies
Intellectual Property
Non-Solicitation
Notice Requirements
Assignment
Severability
Entire Agreement
Amendment
Force Majeure
Third Party Rights
Costs
Governing Law
Jurisdiction
Counterparts
Confidentiality Obligations
Permitted Use
Information Protection
Permitted Disclosures
Return or Destruction of Information
Data Protection
Term and Termination
Breach and Remedies
Intellectual Property
Non-Solicitation
Notice Requirements
Assignment
Severability
Entire Agreement
Amendment
Force Majeure
Third Party Rights
Costs
Governing Law
Jurisdiction
Counterparts
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Research & Development
Biotechnology
Real Estate
Energy
Telecommunications
Automotive
Pharmaceuticals
Consumer Goods
Education
Media & Entertainment
Relevant Teams
Legal
Compliance
Executive Leadership
Business Development
Research & Development
Information Technology
Finance
Corporate Development
Innovation
Project Management
Risk Management
Information Security
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Chief Financial Officer
Innovation Manager
Legal Counsel
Compliance Officer
Contract Manager
Business Analyst
Corporate Development Director
Strategic Partnership Manager
Information Security Officer
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