Company Confidentiality Agreement

Company Confidentiality Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a Company Confidentiality Agreement under Swiss law for a potential technology partnership between our software company and a cybersecurity firm, with specific provisions for source code protection and cross-border data transfers, to be effective from March 2025."

Document background

The Company Confidentiality Agreement is essential for businesses operating under Swiss law who need to protect sensitive information during commercial relationships, negotiations, or collaborative ventures. This document becomes necessary when companies need to share proprietary information, trade secrets, technical know-how, or business strategies while maintaining strict confidentiality. It incorporates specific requirements of Swiss law, including provisions from the Swiss Code of Obligations and data protection regulations, making it particularly suitable for domestic Swiss operations and international business relationships where Swiss law is the preferred governing law. The agreement can be customized for various business contexts while maintaining compliance with Swiss legal requirements regarding confidentiality obligations and data protection standards.

Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the business relationship

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Authorized Recipients', and 'Permitted Purpose'

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

5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and security measures

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

7. Term and Survival: Duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Breach and Remedies: Consequences of breach, including injunctive relief and damages

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

Optional Sections

1. Data Protection Compliance: Specific provisions for compliance with Swiss data protection laws, necessary when confidential information includes personal data

2. Intellectual Property Rights: Provisions clarifying IP ownership and licenses, needed when confidential information includes IP-sensitive material

3. Non-Solicitation: Restrictions on soliciting employees or customers, relevant when parties have access to sensitive personnel or customer information

4. Competition Restrictions: Additional provisions regarding non-compete obligations, used when sharing particularly sensitive business information

5. Export Control: Provisions for international data transfers, necessary when parties are in different jurisdictions

6. Force Majeure: Provisions for extraordinary circumstances, optional but recommended for long-term agreements

7. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk information sharing

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information

3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting the confidential information

4. Appendix A - Data Processing Terms: Detailed terms for processing personal data, required when confidential information includes personal data

5. Appendix B - Return/Destruction Certificate: Template certificate for confirming the return or destruction of confidential information

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

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Biotechnology

Research & Development

Telecommunications

Industrial

Consumer Goods

Energy

Pharmaceuticals

Software Development

Engineering

Consulting

Relevant Teams

Legal

Compliance

Executive Leadership

Business Development

Research and Development

Information Technology

Human Resources

Operations

Risk Management

Corporate Governance

Information Security

Procurement

Strategic Planning

Product Development

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Compliance Officer

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Innovation Manager

Strategic Partnership Director

Operations Director

Human Resources Director

Information Security Officer

Contract Manager

Corporate Secretary

Risk Manager

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Let's create your Company Confidentiality Agreement

Authors

Alex Denne

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