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Commercial Non Disclosure Agreement

Commercial Non Disclosure Agreement Template for Switzerland

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Key Requirements PROMPT example:

Commercial Non Disclosure Agreement

"I need a Commercial Non Disclosure Agreement under Swiss law for a technology company sharing software development information with a potential manufacturing partner in Germany, with special attention to data protection and source code protection."

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Document background
This Commercial Non-Disclosure Agreement is essential for businesses engaging in confidential discussions or collaborations under Swiss law. It is particularly relevant when parties need to share sensitive business information, trade secrets, technical data, or proprietary information during business negotiations, due diligence processes, or joint ventures. The document incorporates requirements from Swiss legislation, including the Code of Obligations and Unfair Competition Act, while maintaining flexibility for international business relationships. It provides comprehensive protection for confidential information while allowing necessary business operations to proceed, making it suitable for both domestic Swiss companies and international corporations doing business in or through Switzerland.
Suggested Sections

1. Parties: Identification of the contracting parties with full legal names and addresses

2. Background: Context of the business relationship and purpose of sharing confidential information

3. Definitions: Definition of Confidential Information, Permitted Purpose, Affiliates, and other key terms

4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and 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 for protecting and securing confidential information

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

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

9. Remedies: Available remedies in case of breach, including injunctive relief under Swiss law

10. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction provisions

11. General Provisions: Standard contractual provisions including entire agreement, amendments, and severability

Optional Sections

1. Residual Information: Provisions regarding use of retained knowledge, used when parties want to clarify rights regarding general knowledge

2. Data Protection: Specific provisions for handling personal data under Swiss Data Protection Law, required if personal data is involved

3. Export Control: Provisions regarding compliance with export control laws, needed for international transfers of technical information

4. Non-Solicitation: Restrictions on soliciting employees or customers, included when parties want additional business protections

5. Reverse Engineering: Prohibition on reverse engineering of products or materials, relevant for technical or product-related disclosures

6. Publicity: Restrictions on public announcements about the relationship, useful for sensitive business relationships

Suggested Schedules

1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific business purpose for which confidential information may be used

2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required for protecting confidential information

3. Schedule 3 - Authorized Representatives: List of authorized representatives who may receive confidential information

4. Appendix A - Forms: Standard forms including confidentiality undertakings for employees and destruction certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Pharmaceuticals

Biotechnology

Technology

Software Development

Manufacturing

Consulting

Professional Services

Healthcare

Chemical Industry

Telecommunications

Luxury Goods

Watch Making

Research and Development

Engineering

Food and Beverage

Industrial Automation

Clean Technology

Relevant Teams

Legal

Business Development

Research and Development

Executive Leadership

Procurement

Information Technology

Finance

Operations

Corporate Development

Compliance

Innovation

Strategic Partnerships

Product Development

Commercial Operations

Investment

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Business Development Manager

Chief Technology Officer

Research Director

Project Manager

Corporate Development Manager

Chief Financial Officer

Head of Procurement

Commercial Director

Innovation Manager

Strategic Partnerships Manager

Operations Director

Investment Manager

Chief Information Officer

Head of Research

Compliance Officer

Contract Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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