The Protective Covenants Agreement is a crucial legal instrument used in Swiss business relationships to protect legitimate business interests, including confidential information, trade secrets, customer relationships, and workforce stability. This document is typically implemented when engaging employees, contractors, or business partners who will have access to sensitive information or key business relationships. The agreement must be carefully drafted to comply with Swiss law, particularly the Swiss Code of Obligations (Articles 340-340c), which sets specific requirements for the enforceability of restrictive covenants. Special attention must be paid to ensuring the restrictions are reasonable in terms of duration, geographic scope, and subject matter to maintain enforceability under Swiss jurisdiction.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identification of the parties entering into the agreement, including the protected party (typically employer/company) and the bound party (typically employee/contractor)
2. Background: Context of the agreement, relationship between parties, and general purpose of the protective covenants
3. Definitions: Detailed definitions of key terms including Confidential Information, Trade Secrets, Intellectual Property, Protected Customers, etc.
4. Confidentiality Obligations: Detailed provisions regarding the protection and non-disclosure of confidential information
5. Non-Competition Covenant: Restrictions on competitive activities, including scope, duration, and geographic limitations that comply with Swiss law
6. Non-Solicitation of Customers: Restrictions on approaching or dealing with protected customers and business relationships
7. Non-Solicitation of Employees: Restrictions on soliciting or hiring employees of the protected party
8. Intellectual Property Protection: Provisions regarding the protection and non-use of intellectual property rights
9. Duration and Geographic Scope: Specific timeframes and territorial limitations for the various restrictions
10. Consideration: Details of any compensation or consideration provided for the restrictions
11. Remedies and Enforcement: Legal remedies available in case of breach, including injunctive relief and damages
12. General Provisions: Standard clauses including governing law, jurisdiction, severability, and modification
1. International Provisions: Additional provisions for cross-border situations where the agreement needs to be enforced in multiple jurisdictions
2. Garden Leave: Provisions for paid leave during notice period to protect business interests, if applicable to the employment relationship
3. Post-Term Cooperation: Requirements for cooperation in transition periods and ongoing matters after relationship termination
4. Training and Special Knowledge: Provisions regarding specialized training or knowledge provided by the company that justifies protection
5. Monitoring and Compliance: Specific procedures for monitoring compliance with the covenants
6. Alternative Dispute Resolution: Provisions for mediation or arbitration before court proceedings
1. Schedule 1 - Protected Information: Detailed list of confidential information, trade secrets, and protected intellectual property
2. Schedule 2 - Restricted Territory: Detailed definition and/or maps of geographical areas covered by non-compete provisions
3. Schedule 3 - Protected Customers: List of specific customers or customer categories covered by non-solicitation provisions
4. Schedule 4 - Protected Employees: Categories or list of employees covered by non-solicitation provisions
5. Schedule 5 - Compensation Details: Specific details of any consideration or compensation for the restrictions
6. Appendix A - Acknowledgment Form: Form for periodic reaffirmation of obligations and compliance
Find the exact document you need
Restrictive Covenant In Employment Contract
Swiss law-compliant restrictive covenant agreement establishing post-employment non-compete and non-solicitation obligations while protecting legitimate business interests.
Download
Protective Covenants Agreement
A Swiss law-governed agreement establishing protective covenants including confidentiality, non-competition, and non-solicitation provisions to protect business interests.
Download
Employee Covenant Agreement
A Swiss law-governed agreement establishing employee obligations regarding confidentiality, non-competition, and IP rights protection.
Download
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)
.png)