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Proprietary Information Agreement

Proprietary Information Agreement Template for Switzerland

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Key Requirements PROMPT example:

Proprietary Information Agreement

"I need a Proprietary Information Agreement under Swiss law for sharing technical specifications and source code with an external software development company, with enhanced data security provisions and specific requirements for handling our AI algorithms."

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Document background
The Proprietary Information Agreement is essential for business relationships where confidential or sensitive information needs to be shared between parties while maintaining its secrecy and commercial value. This document is specifically structured to comply with Swiss legal requirements, including the Swiss Code of Obligations, Federal Act on Data Protection, and provisions on trade secrets. It is commonly used in scenarios such as business negotiations, due diligence processes, consulting arrangements, or collaborative projects where proprietary information must be protected. The agreement becomes particularly relevant when sharing trade secrets, technical know-how, customer data, or other confidential business information. Under Swiss law, this agreement provides a robust framework for establishing clear obligations and remedies, making it an essential tool for business relationships involving Swiss entities or cross-border transactions with Swiss involvement.
Suggested Sections

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

2. Background: Context of the agreement, purpose of sharing confidential information, and relationship between the parties

3. Definitions: Clear definitions of 'Confidential Information', 'Authorized Persons', 'Purpose', and other key terms used in the agreement

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized persons or required by law

7. Security Measures: Specific measures required to protect confidential information, aligned with Swiss data protection requirements

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

9. Term and Termination: Duration of the agreement and conditions for termination

10. Breach and Remedies: Consequences of breach and available remedies under Swiss law

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

Optional Sections

1. Data Protection Compliance: Specific provisions for compliance with FADP when confidential information includes personal data

2. Cross-Border Transfers: Required when confidential information will be transferred outside Switzerland

3. Intellectual Property Rights: Needed when confidential information includes IP that requires specific protection

4. Employee and Contractor Obligations: Used when receiving party needs to share information with employees or contractors

5. Residual Information: Optional provisions regarding use of non-confidential residual knowledge

6. Insurance Requirements: Specific insurance obligations for high-value or high-risk confidential information

7. Audit Rights: Right to audit compliance with security measures, useful for highly sensitive information

Suggested Schedules

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

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

3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required

4. Schedule 4 - Data Processing Terms: Specific terms for handling personal data under FADP if applicable

5. Appendix A - Contact Details: Key contacts for notices, security incidents, and day-to-day communication

6. Appendix B - Form of Confidentiality Undertaking: Template confidentiality agreement for Authorized Persons

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
Relevant legal definitions




























Clauses

























Relevant Industries

Technology

Financial Services

Pharmaceuticals

Manufacturing

Research & Development

Professional Services

Healthcare

Biotechnology

Industrial

Software Development

Telecommunications

Energy

Aerospace & Defense

Relevant Teams

Legal

Compliance

Information Security

Research and Development

Corporate Development

Innovation

Procurement

Human Resources

Finance

Intellectual Property

Business Development

Executive Leadership

Information Technology

Risk Management

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Compliance Officer

Business Development Manager

Research Director

Project Manager

Chief Technology Officer

Information Security Officer

Corporate Development Director

Innovation Manager

Procurement Manager

Human Resources Director

Chief Financial Officer

Intellectual Property Manager

Industries






Teams

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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