HR Non Disclosure Agreement

HR Non Disclosure Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need an HR Non-Disclosure Agreement under Swiss law for our pharmaceutical research company, with strong provisions for protecting research data and clinical trial information, including specific clauses about laboratory protocols and research methodologies."

Document background

This HR Non-Disclosure Agreement is essential for protecting an organization's confidential information and trade secrets in the context of employment relationships under Swiss law. It should be implemented at the start of employment or when an employee gains access to sensitive information. The document ensures compliance with Swiss federal legislation, including the Code of Obligations (particularly Articles 319-362), the Federal Act on Data Protection, and relevant provisions of the Swiss Criminal Code regarding business secrets. The agreement covers various types of confidential information, from trade secrets and intellectual property to customer data and business strategies, while balancing employer protection with employee rights under Swiss law. It's particularly crucial for organizations operating in Switzerland's knowledge-intensive sectors or handling sensitive data.

Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the agreement, including the employment relationship and reason for confidentiality requirements

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Trade Secrets', and 'Intellectual Property'

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized business purposes

7. Duration of Obligations: Time period for which confidentiality obligations remain in force, including post-employment obligations

8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination or request

9. Data Protection Compliance: Specific obligations regarding personal data handling in accordance with Swiss FADP

10. Breach and Remedies: Consequences of breach, including legal remedies and potential penalties

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

Optional Sections

1. Intellectual Property Rights: Additional provisions specifically addressing IP rights and ownership, used when the employee's role involves creation or handling of IP

2. Third Party Information: Specific provisions regarding confidential information belonging to third parties, used when employee will handle client or partner data

3. Technical Security Measures: Specific technical requirements for handling digital confidential information, used for roles involving sensitive digital assets

4. International Transfer of Data: Provisions regarding cross-border data transfers, used when employee's role involves international operations

5. Post-Employment Competition: Non-compete provisions related to confidential information, used for senior roles or highly sensitive positions

6. Monitoring and Audit Rights: Employer's rights to monitor compliance, used for highly sensitive positions or regulated industries

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement

2. Schedule 2 - Authorized Recipients: List of persons or roles authorized to receive specific categories of confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information

4. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of confidential information

5. Appendix B - Information Return Checklist: Checklist for returning or destroying confidential information upon termination

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

Banking and Financial Services

Pharmaceuticals and Healthcare

Technology and Software

Manufacturing

Professional Services

Chemical Industry

Biotechnology

Luxury Goods

Insurance

Research and Development

Telecommunications

Consulting

Education and Training

Watchmaking

Relevant Teams

Human Resources

Legal

Research and Development

Information Technology

Finance

Executive Leadership

Product Development

Marketing

Sales

Operations

Data Science

Customer Service

Business Development

Administration

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Research Scientist

Software Developer

Financial Analyst

Product Manager

Business Development Manager

Data Scientist

Project Manager

Investment Banker

Clinical Research Manager

Executive Assistant

Chief Technology Officer

Marketing Director

Operations Manager

Chief Financial Officer

Research & Development Director

Sales Manager

Systems Administrator

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Authors

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