Model NDA

Model NDA Template for Switzerland

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Key Requirements PROMPT example:

"I need a Model NDA under Swiss law for a technology startup sharing AI development information with potential investors from Germany and France, with specific provisions for protecting source code and algorithmic innovations."

Document background

This Model NDA is designed for use under Swiss law when parties need to exchange confidential information in a business context. It serves as a foundational document for protecting proprietary information, trade secrets, and other sensitive data during business negotiations, partnerships, or service arrangements. The template is drafted in compliance with Swiss legal requirements, particularly the Swiss Code of Obligations and Federal Act on Data Protection, making it suitable for both domestic Swiss use and international business relationships where Swiss law is chosen. The Model NDA includes comprehensive confidentiality provisions, security measures, and enforcement mechanisms, while maintaining the flexibility to be adapted for specific business needs and circumstances.

Suggested Sections

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

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

3. Definitions: Definition of Confidential Information, Authorized Purpose, Affiliates, and other key terms used throughout the agreement

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 permitted uses of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. Security Measures: Required security measures for protecting confidential information

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

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

10. Survival: Obligations that continue after termination of the agreement

11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution

Optional Sections

1. Non-Solicitation: Prohibits solicitation of employees or customers, recommended when parties may have access to employee or customer information

2. Non-Competition: Restricts competitive activities, useful when sharing highly sensitive business information

3. Data Protection: Specific provisions for handling personal data under Swiss FADP, required when personal data is involved

4. Intellectual Property Rights: Clarifies ownership and rights regarding any IP disclosed or created, important for technology-related NDAs

5. Export Control: Compliance with export control laws, necessary for international transfers of technical information

6. Group Company Rights: Extends protection to affiliated companies, useful for corporate groups

7. Force Majeure: Addresses unforeseen circumstances affecting performance, optional but sometimes included in comprehensive NDAs

8. Insurance Requirements: Specifies required insurance coverage, relevant for high-value or high-risk information sharing

Suggested Schedules

1. Schedule 1 - Specified Purpose: Detailed description of the authorized 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 individuals authorized to receive and handle confidential information

4. Appendix A - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement

5. Appendix B - Form of Acknowledgment: Template for acknowledgment to be signed by employees or representatives who will access 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

Manufacturing

Pharmaceuticals

Biotechnology

Professional Services

Research & Development

Healthcare

Industrial

Consumer Goods

Energy

Telecommunications

Real Estate

Education

Engineering

Relevant Teams

Legal

Business Development

Research & Development

Human Resources

Procurement

Executive Leadership

Operations

Finance

Information Technology

Compliance

Innovation

Corporate Development

Strategic Planning

Product Development

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Human Resources Director

Procurement Manager

Investment Manager

Operations Director

Chief Financial Officer

Innovation Manager

Partnership Manager

Compliance Officer

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