Settlement NDA for Switzerland

Settlement NDA Template for Switzerland

This document is a combined settlement agreement and non-disclosure agreement governed by Swiss law, designed to resolve disputes between parties while ensuring confidentiality of both the settlement terms and any sensitive information exchanged during the settlement process. It incorporates provisions compliant with Swiss contract law, particularly the Swiss Code of Obligations, and includes robust confidentiality mechanisms enforceable under Swiss jurisdiction. The document addresses both the terms of settlement and comprehensive confidentiality obligations, providing clear guidelines for information handling, permitted disclosures, and consequences of breach.

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What is a Settlement NDA?

The Settlement NDA is a specialized legal document used when parties need to resolve a dispute while maintaining strict confidentiality about both the settlement terms and any sensitive information exchanged during the process. This document type is particularly relevant under Swiss law, known for its strong protection of confidentiality and sophisticated approach to contract law. It combines elements of a traditional settlement agreement with comprehensive non-disclosure provisions, making it suitable for complex commercial disputes where confidentiality is paramount. The document typically includes detailed provisions on settlement terms, confidentiality obligations, handling of sensitive information, and enforcement mechanisms, all structured to comply with Swiss legal requirements and business practices. It's commonly used in commercial disputes, employment settlements, intellectual property matters, and other situations requiring both dispute resolution and information protection.

What sections should be included in a Settlement NDA?

1. Parties: Identification of all parties to the agreement, including their full legal names, addresses, and registration details if applicable

2. Background: Context of the dispute or circumstances leading to the settlement, without admitting liability

3. Definitions: Definitions of key terms used throughout the agreement, including 'Confidential Information', 'Settlement', and 'Effective Date'

4. Settlement Terms: Core settlement provisions, including payment terms, releases, and actions to be taken by each party

5. Confidentiality Obligations: Detailed provisions regarding the handling and protection of confidential information, including scope and duration

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and professional advisors

7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential materials after the agreement ends

8. Non-Disparagement: Mutual obligations to refrain from making negative statements about other parties

9. Remedies: Available remedies in case of breach, including injunctive relief and damages

10. General Provisions: Standard contractual terms including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Settlement NDA?

1. Employment Matters: Specific provisions related to employment relationship termination, to be included when settlement involves employment disputes

2. Intellectual Property Rights: Provisions addressing ownership and protection of IP rights, when relevant to the settlement

3. Tax Provisions: Specific tax-related terms and obligations, when settlement involves significant financial components

4. Insurance and Indemnification: Additional protection provisions, when required by the nature of the settlement

5. Continuing Obligations: Ongoing duties between parties beyond the settlement, when applicable

6. Third Party Rights: Provisions affecting or excluding rights of third parties, when relevant

7. Data Protection: Specific data protection obligations when settlement involves personal data processing

What schedules should be included in a Settlement NDA?

1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential under the agreement

2. Schedule 2 - Settlement Payment Terms: Detailed payment schedule and methods, if applicable

3. Schedule 3 - Action Items: Specific actions to be taken by parties as part of the settlement

4. Appendix A - Form of Release: Template for mutual release of claims

5. Appendix B - Confidentiality Undertaking: Form for third parties who need access to confidential information to sign

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Free to use

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What is a Settlement NDA?

What sections should be included in a Settlement NDA?

What sections are optional to include in a Settlement NDA?

What schedules should be included in a Settlement NDA?

Authors

Alex Denne

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