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Non Compete In NDA

Non Compete In NDA Template for Switzerland

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Key Requirements PROMPT example:

Non Compete In NDA

"I need a Non Compete In NDA under Swiss law for a senior software developer who will be joining my tech startup in March 2025, with access to our core proprietary algorithms and customer data, restricting work with competitors in Switzerland and Germany for 12 months after employment ends."

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Document background
This Non-Compete In NDA is designed for use in situations where there is a need to protect both confidential information and prevent competitive activities under Swiss law. It is particularly suitable for employment relationships, business partnerships, or contractor arrangements where the receiving party will have access to sensitive information and could potentially compete with the disclosing party's business interests. The document complies with Swiss legal requirements, including the Swiss Code of Obligations' provisions on non-compete agreements and confidentiality obligations. It includes specific provisions for the protection of trade secrets, detailed non-compete restrictions with geographical and temporal limitations, and appropriate compensation structures as required under Swiss law. The agreement is commonly used during employee onboarding, business negotiations, or when engaging contractors in sensitive projects.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and purpose of the confidentiality and non-compete obligations

3. Definitions: Key terms including Confidential Information, Trade Secrets, Competitive Activities, and Territory

4. Confidentiality Obligations: Scope of confidential information, handling requirements, and duration of confidentiality obligations

5. Non-Compete Obligations: Specific restrictions on competitive activities, including scope, duration, and geographical limitations as per Swiss law

6. Duration and Territory: Specific timeframe and geographical scope of the non-compete restrictions, ensuring compliance with Swiss law requirements

7. Compensation: Details of any compensation provided for the non-compete restriction, as required under Swiss law

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

9. Breach and Remedies: Consequences of breach and available legal remedies

10. General Provisions: Standard clauses including governing law, jurisdiction, and amendment procedures

Optional Sections

1. Permitted Disclosures: Specific circumstances under which confidential information may be disclosed, used when there are likely regulatory or legal disclosure requirements

2. Non-Solicitation: Additional restrictions on soliciting employees or customers, included when broader protection is needed

3. Special Termination Rights: Specific conditions under which either party can terminate the restrictions, useful in long-term agreements

4. Training and Special Knowledge: Description of any special training or knowledge provided, helpful in justifying the non-compete restrictions

5. Severability of Non-Compete Provisions: Specific severability clause for non-compete terms, useful when different aspects of restrictions may face varying levels of scrutiny

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information considered confidential

2. Schedule 2 - Restricted Territory: Detailed description or map of the geographical area covered by non-compete restrictions

3. Schedule 3 - Competitive Activities: Specific list of prohibited competitive activities

4. Schedule 4 - Compensation Structure: Detailed breakdown of any compensation provided for the non-compete restrictions

5. Appendix A - Confidentiality Acknowledgment Form: Form to be signed by employees or representatives acknowledging confidentiality obligations

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
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Relevant Industries

Technology

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Relevant Teams

Legal

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Research & Development

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Relevant Roles

Chief Executive Officer

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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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