This document serves as a Small Business Non Disclosure Agreement governed by Swiss law, designed to protect confidential information exchanged between parties in various business contexts. It is particularly useful when small businesses need to share sensitive information with potential partners, service providers, or consultants. The agreement ensures compliance with Swiss legal requirements, including the Swiss Code of Obligations and data protection laws, while remaining accessible and practical for small business operations. It covers essential aspects such as definition of confidential information, permitted uses, security measures, and breach remedies, making it suitable for both short-term discussions and longer-term business relationships. The document is structured to be comprehensive yet straightforward, addressing the specific needs of small businesses while providing robust legal protection.
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1. Parties: Identification and details of the disclosing and receiving parties, including registered addresses and company details
2. Background: Brief context of the business relationship and purpose of sharing confidential information
3. Definitions: Clear definitions of 'Confidential Information', 'Permitted Purpose', and other key terms used in the agreement
4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
6. Security Measures: Required measures to protect and safeguard confidential information
7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination
8. Duration and Survival: Term of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies under Swiss law
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions
1. Intellectual Property Rights: Section clarifying that the agreement doesn't transfer any IP rights - include when confidential information includes IP-protected materials
2. Data Protection Compliance: Specific provisions for compliance with Swiss data protection laws - include when personal data is involved
3. Non-Competition: Restrictions on competitive activities - include when sharing sensitive business strategies or trade secrets
4. Employee and Contractor Obligations: Specific provisions regarding employees and contractors - include when receiving party will need to share information with staff
5. Reverse Engineering Prohibition: Prohibition on reverse engineering products or materials - include when sharing technical information or product samples
6. Export Control: Compliance with export control regulations - include when dealing with technical data or international transfers
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed when handling confidential information
Relevant legal definitions
Confidential Information
Permitted Purpose
Disclosing Party
Receiving Party
Affiliate
Authorized Representatives
Business Day
Confidentiality Period
Effective Date
Group
Permitted Disclosees
Representatives
Trade Secrets
Security Measures
Confidential Materials
Personal Data
Protected Information
Proprietary Information
Term
Third Party
Permitted Purpose
Disclosing Party
Receiving Party
Affiliate
Authorized Representatives
Business Day
Confidentiality Period
Effective Date
Group
Permitted Disclosees
Representatives
Trade Secrets
Security Measures
Confidential Materials
Personal Data
Protected Information
Proprietary Information
Term
Third Party
Clauses
Definitions
Confidentiality Obligations
Permitted Use
Disclosure Restrictions
Information Protection
Return of Information
Duration
Survival
Exceptions
Data Protection
Intellectual Property
Breach Notification
Remedies
Indemnification
Assignment
Severability
Governing Law
Jurisdiction
Entire Agreement
Amendment
Notice
Counterparts
Third Party Rights
Force Majeure
Costs
Confidentiality Obligations
Permitted Use
Disclosure Restrictions
Information Protection
Return of Information
Duration
Survival
Exceptions
Data Protection
Intellectual Property
Breach Notification
Remedies
Indemnification
Assignment
Severability
Governing Law
Jurisdiction
Entire Agreement
Amendment
Notice
Counterparts
Third Party Rights
Force Majeure
Costs
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Retail
Financial Services
Education
Construction
Software Development
Consulting
E-commerce
Biotechnology
Food and Beverage
Real Estate
Creative Industries
Relevant Teams
Legal
Executive Leadership
Operations
Human Resources
Finance
Business Development
Sales
Research and Development
Product Development
Information Technology
Procurement
Innovation
Customer Service
Marketing
Administration
Relevant Roles
CEO
Business Owner
Managing Director
Legal Counsel
Operations Manager
Project Manager
Business Development Manager
HR Manager
Finance Director
Technical Director
Procurement Manager
Sales Manager
Research Director
Product Manager
Innovation Manager
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