Product Confidentiality Agreement

Product Confidentiality Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a Product Confidentiality Agreement under Swiss law to protect confidential information about our new medical device that we'll be sharing with a German manufacturing partner in March 2025; the agreement should include specific provisions for prototypes and testing data."

Document background

The Product Confidentiality Agreement is essential when sharing sensitive product-related information with third parties in Switzerland or under Swiss law. This document is commonly used during product development, business negotiations, manufacturing partnerships, or potential licensing arrangements where proprietary product information needs to be disclosed. The agreement ensures compliance with Swiss federal laws, including the Code of Obligations and Federal Act against Unfair Competition, while protecting trade secrets and intellectual property. It is particularly crucial in situations involving product innovations, manufacturing processes, technical specifications, or commercial strategies where unauthorized disclosure could harm competitive advantages. The Product Confidentiality Agreement serves as a critical risk management tool, establishing clear guidelines for information handling and consequences for breach.

Suggested Sections

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

2. Background: Context of the agreement, including the purpose for sharing confidential information about the product

3. Definitions: Key terms including 'Confidential Information', 'Product', 'Authorized Purpose', and other relevant definitions

4. Scope of Confidential Information: Detailed description of what constitutes confidential information relating to the product

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care

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 survival of obligations after termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

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

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

Optional Sections

1. Data Protection: Additional provisions when confidential information includes personal data subject to FADP

2. Export Control: Required when the product or information is subject to export control regulations

3. Intellectual Property Rights: Specific provisions regarding IP ownership and licenses when relevant to the product

4. Publicity and Non-Disclosure of Relationship: Additional confidentiality regarding the existence of the relationship itself

5. Insurance Requirements: Specific insurance obligations for high-value or high-risk products

6. Audit Rights: Rights to audit compliance with confidentiality obligations for sensitive products

7. Third Party Rights: Provisions regarding third party beneficiaries or rights holders

Suggested Schedules

1. Schedule 1 - Product Description: Detailed description of the product(s) covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

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

4. Schedule 4 - Approved Subcontractors: If applicable, list of approved subcontractors who may access confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings to be signed by employees or representatives

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 and Software

Manufacturing

Pharmaceuticals and Biotechnology

Consumer Products

Industrial Products

Medical Devices

Automotive

Electronics

Chemical Industry

Research and Development

Fashion and Luxury Goods

Food and Beverage

Relevant Teams

Legal

Research and Development

Product Development

Manufacturing

Quality Assurance

Business Development

Supply Chain

Executive Leadership

Innovation

Procurement

Technical Operations

Intellectual Property

Relevant Roles

Chief Technology Officer

Product Manager

Research and Development Director

Legal Counsel

Business Development Manager

Manufacturing Manager

Quality Assurance Manager

Innovation Director

Supply Chain Manager

Chief Executive Officer

Project Manager

Intellectual Property Manager

Procurement Manager

Technical Director

Commercial Director

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Authors

Alex Denne

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