The Perpetual Non Disclosure Agreement under Swiss law is designed for situations requiring long-term protection of sensitive information without a defined expiration date. It is particularly suitable for high-value intellectual property, trade secrets, or strategic business information that requires indefinite protection. The agreement complies with Swiss legal requirements, including the Swiss Code of Obligations and Federal Act against Unfair Competition, making it appropriate for both domestic Swiss operations and international business relationships where Swiss law is chosen. This document is commonly used in research and development partnerships, strategic alliances, joint ventures, and other business relationships where proprietary information needs permanent protection.
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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, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', and 'Permitted Purpose'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and exclusions
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction: Obligations regarding return or destruction of confidential information upon request
9. Duration and Survival: Perpetual nature of obligations and survival of terms
10. Breach and Remedies: Consequences of breach, including injunctive relief and damages
11. General Provisions: Standard clauses including notices, amendments, severability, and governing law
1. Data Protection: Specific provisions for handling personal data under Swiss FADP - include when confidential information includes personal data
2. Intellectual Property: Provisions clarifying IP ownership and rights - include when confidential information includes IP
3. Non-Solicitation: Restrictions on soliciting employees or customers - include when there's risk of talent or customer poaching
4. Export Control: Provisions for international data transfers - include for cross-border relationships
5. Competitive Restrictions: Additional restrictions on competitive activities - include when sharing commercially sensitive information
6. Force Majeure: Provisions for handling extraordinary circumstances - include for long-term relationships
7. Insurance Requirements: Specific insurance obligations - include for high-value confidential information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures required
4. Appendix A - Form of Representative Undertaking: Template confidentiality undertaking for representatives to sign
5. Appendix B - Data Handling Procedures: Specific procedures for handling, storing, and transmitting confidential information
Relevant legal definitions
Clauses
Interpretation
Definitions
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Protection of Confidential Information
Return or Destruction of Information
Duration and Survival
Non-Competition
Non-Solicitation
Intellectual Property
Data Protection
Security Requirements
Breach Notification
Remedies
Indemnification
Assignment
Third Party Rights
Force Majeure
Severability
Entire Agreement
Amendment
Waiver
Notices
Governing Law
Jurisdiction
Dispute Resolution
Counterparts
Definitions
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Protection of Confidential Information
Return or Destruction of Information
Duration and Survival
Non-Competition
Non-Solicitation
Intellectual Property
Data Protection
Security Requirements
Breach Notification
Remedies
Indemnification
Assignment
Third Party Rights
Force Majeure
Severability
Entire Agreement
Amendment
Waiver
Notices
Governing Law
Jurisdiction
Dispute Resolution
Counterparts
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Pharmaceuticals
Biotechnology
Industrial
Energy
Telecommunications
Consumer Goods
Real Estate
Education
Relevant Teams
Legal
Compliance
Executive Leadership
Business Development
Research and Development
Innovation
Human Resources
Corporate Affairs
Finance
Procurement
Strategic Partnerships
Intellectual Property
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Compliance Officer
Business Development Manager
Research Director
Chief Technology Officer
Innovation Manager
Project Manager
Human Resources Director
Corporate Secretary
Chief Financial Officer
Procurement Manager
Strategic Partnerships Manager
Intellectual Property Manager
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