The Advisory Board Confidentiality Agreement is essential for companies operating under Swiss law that seek to establish advisory boards while protecting their confidential information. This document is typically used when appointing new advisory board members who will have access to sensitive business information, strategic plans, or proprietary technology. It ensures compliance with Swiss legal requirements, including the Swiss Code of Obligations and data protection laws, while establishing clear obligations for maintaining confidentiality. The agreement is particularly important for companies in innovative or highly competitive sectors where protection of trade secrets and strategic information is crucial. It should be implemented before any sensitive information is shared with advisory board members and maintained throughout their tenure.
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1. Parties: Identification of the company and the advisory board member, including full legal names and addresses
2. Background: Brief context about the advisory board role and the need for confidentiality
3. Definitions: Key terms including 'Confidential Information', 'Advisory Services', 'Board Materials', and other relevant definitions
4. Appointment and Role: Description of the advisory board member's appointment, role, and general responsibilities
5. Confidentiality Obligations: Detailed obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Survival: Provisions that continue after termination, particularly confidentiality obligations
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, particularly relevant if the advisory role involves product development or strategic planning
2. Compensation: If advisory board role includes compensation, details of fees and payment terms
3. Non-Competition: Restrictions on competing activities, if applicable (note: must be carefully drafted under Swiss law)
4. Data Protection: Specific provisions regarding personal data handling, particularly if FADP compliance is required
5. Insurance and Liability: Provisions regarding liability limitations and required insurance coverage
6. Insider Trading: Required for publicly traded companies to address securities law compliance
1. Schedule 1 - Description of Advisory Services: Detailed outline of the expected advisory services and commitment
2. Schedule 2 - Categories of Confidential Information: Specific types of confidential information covered by the agreement
3. Schedule 3 - Compensation Terms: Optional schedule detailing any fees, expenses, or other compensation
4. Appendix A - Board Policies: Company's relevant policies regarding advisory board conduct and confidentiality
5. Appendix B - Acknowledgment Form: Form for annual re-certification of confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Financial Services
Healthcare
Manufacturing
Consumer Goods
Professional Services
Energy
Telecommunications
Education
Research & Development
Artificial Intelligence
Clean Technology
Medical Devices
Relevant Teams
Legal
Corporate Governance
Executive Office
Board Administration
Compliance
Corporate Secretariat
Risk Management
Human Resources
Research & Development
Strategy
Relevant Roles
Chief Executive Officer
General Counsel
Legal Director
Corporate Secretary
Chief Legal Officer
Board Relations Manager
Chief Technology Officer
Chief Financial Officer
Head of Corporate Governance
Advisory Board Member
External Advisor
Strategy Consultant
Industry Expert
Scientific Advisor
Technical Advisor
Medical Advisor
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