This NDA For Startups is designed to protect confidential information exchanged in the Swiss business environment, where startups frequently engage with potential investors, partners, and service providers. The document is crafted to comply with Swiss federal laws, including the Swiss Code of Obligations and data protection regulations, while addressing the specific needs of emerging companies. It is particularly suitable for situations involving investment discussions, technical collaborations, business partnerships, or service agreements. The agreement includes provisions for protecting intellectual property, trade secrets, and sensitive business information, with specific consideration for the dynamic nature of startup operations and the need for both flexibility and security in information sharing.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details
2. Background: Context of the agreement, purpose of information sharing, and nature of the potential business relationship
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 use restrictions and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives or as required by law
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
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. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Investment Discussions: Additional provisions specific to potential investment or funding discussions
2. Employee and Contractor Requirements: Specific provisions for handling confidential information with employees and contractors
3. Data Protection Compliance: Specific provisions for compliance with Swiss data protection laws when personal data is involved
4. Non-Solicitation: Restrictions on soliciting employees or customers, often needed in competitive situations
5. Residual Knowledge: Provisions addressing use of retained knowledge, particularly relevant for technical collaborations
6. Open Source Exclusions: Specific provisions for tech startups dealing with open source software
7. Joint Development: Provisions for scenarios where parties may collaborate on development projects
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures for handling confidential information
4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations
5. Appendix B - Data Processing Terms: Additional terms for compliance with data protection requirements if personal data is involved
Relevant legal definitions
Agreement
Confidential Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Affiliate
Business Day
Confidential Materials
Trade Secrets
Intellectual Property Rights
Personal Data
Group
Authorized Recipients
Permitted Disclosures
Control
Data Protection Laws
Effective Date
Investment Discussion
Notice
Party/Parties
Professional Advisers
Related Persons
Security Requirements
Technical Information
Business Information
Proprietary Information
Residual Information
Term
Third Party
Confidential Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Affiliate
Business Day
Confidential Materials
Trade Secrets
Intellectual Property Rights
Personal Data
Group
Authorized Recipients
Permitted Disclosures
Control
Data Protection Laws
Effective Date
Investment Discussion
Notice
Party/Parties
Professional Advisers
Related Persons
Security Requirements
Technical Information
Business Information
Proprietary Information
Residual Information
Term
Third Party
Clauses
Interpretation
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Data Protection
Information Security
Return or Destruction of Information
Intellectual Property Rights
Non-Circumvention
Term and Termination
Survival
Remedies
No License
No Warranty
Notice Requirements
Assignment
Severability
Entire Agreement
Amendments
Third Party Rights
Force Majeure
Governing Law
Jurisdiction
Counterparts
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Data Protection
Information Security
Return or Destruction of Information
Intellectual Property Rights
Non-Circumvention
Term and Termination
Survival
Remedies
No License
No Warranty
Notice Requirements
Assignment
Severability
Entire Agreement
Amendments
Third Party Rights
Force Majeure
Governing Law
Jurisdiction
Counterparts
Relevant Industries
Technology
Fintech
Biotechnology
Healthcare
Software Development
Manufacturing
Clean Technology
E-commerce
Digital Services
Artificial Intelligence
Blockchain
Medical Devices
Consumer Products
Professional Services
Research & Development
Relevant Teams
Legal
Executive Leadership
Business Development
Research & Development
Product Development
Human Resources
Finance
Operations
Information Technology
Compliance
Innovation
Partnerships
Investment Relations
Relevant Roles
CEO
Founder
Co-founder
Chief Technology Officer
Chief Financial Officer
Business Development Manager
Legal Counsel
Investment Manager
Product Manager
Technical Lead
Innovation Director
Research Director
Operations Manager
Partnership Manager
Compliance Officer
HR Director
Project Manager
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