Client Disclosure Agreement

Client Disclosure Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a Client Disclosure Agreement for my Swiss fintech startup that will be handling sensitive financial data for international banking clients, with specific provisions for cross-border data transfers and cloud storage compliance."

Document background

The Client Disclosure Agreement is a critical document used in Switzerland when establishing business relationships that involve the sharing of sensitive or confidential information between service providers and their clients. This document is particularly important given Switzerland's strict privacy laws and renowned reputation for data protection and confidentiality, especially in sectors like banking, financial services, and professional services. The agreement must comply with the Swiss Federal Data Protection Act, the Code of Obligations, and where applicable, sector-specific regulations such as banking secrecy laws. It typically outlines the scope of confidential information, permitted uses, security requirements, and the obligations of all parties regarding data protection and privacy. The document is essential for businesses operating in Switzerland or dealing with Swiss clients, as it provides legal protection and ensures compliance with local regulatory requirements.

Suggested Sections

1. Parties: Identification of the disclosing party and receiving party, including full legal names, addresses, and registration details

2. Background: Context of the disclosure relationship and purpose of the agreement

3. Definitions: Key terms including 'Confidential Information', 'Authorized Purpose', 'Authorized Recipients', and other relevant definitions under Swiss law

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Permitted Use and Disclosure: Specific purposes for which confidential information may be used and conditions for disclosure to authorized recipients

6. Confidentiality Obligations: Core obligations regarding protection, storage, and handling of confidential information

7. Data Protection Compliance: Obligations under Swiss Federal Data Protection Act and related regulations

8. Security Measures: Required technical and organizational measures to protect confidential information

9. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination

10. Term and Termination: Duration of the agreement and termination provisions

11. Breach and Remedies: Consequences of breach and available remedies under Swiss law

12. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. International Data Transfers: Required when confidential information may be transferred outside Switzerland, addressing cross-border data flow requirements

2. Industry-Specific Obligations: Additional provisions for regulated industries (e.g., banking, healthcare, or financial services)

3. Intellectual Property Rights: Specific provisions regarding IP rights when confidential information includes trade secrets or proprietary technology

4. Insurance Requirements: Obligations to maintain specific insurance coverage for data protection and cyber risks

5. Audit Rights: Provisions allowing the disclosing party to audit the receiving party's compliance

6. Force Majeure: Provisions addressing extraordinary circumstances affecting confidentiality obligations

7. Third-Party Rights: Provisions regarding the rights of third parties whose information may be included

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of types and categories of confidential information covered

2. Schedule 2 - Authorized Recipients: List of approved individuals or entities who may access the confidential information

3. Schedule 3 - Security Measures: Specific technical and organizational measures required for data protection

4. Schedule 4 - Data Processing Activities: Description of permitted processing activities and purposes

5. Appendix A - Contact Details: Contact information for key personnel responsible for confidentiality compliance

6. Appendix B - Incident Response Plan: Procedures for handling and reporting confidentiality breaches

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Banking

Insurance

Asset Management

Legal Services

Professional Services

Technology

Healthcare

Pharmaceuticals

Consulting

Wealth Management

Private Banking

Corporate Services

Information Technology

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Information Security

Data Protection

Client Services

Business Development

Operations

Corporate Affairs

Privacy

Contract Management

Regulatory Affairs

Relevant Roles

Chief Legal Officer

Data Protection Officer

Privacy Officer

Compliance Manager

Legal Counsel

Corporate Lawyer

Risk Manager

Client Relationship Manager

Business Development Manager

Contract Manager

Information Security Officer

Chief Compliance Officer

Chief Privacy Officer

General Counsel

Head of Legal

Client Services Director

Operations Manager

Account Executive

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Authors

Alex Denne

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