Secret Agreement

Secret Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a Secret Agreement governed by Swiss law for a joint technology development project between our Swiss software company and a German AI research institute, with specific provisions for protecting AI algorithms and research data, to be effective from March 2025."

Document background

The Secret Agreement is essential for businesses and individuals operating under Swiss jurisdiction who need to share confidential information while ensuring its protection under Swiss law. This document type is particularly relevant when parties need to exchange sensitive business information, trade secrets, technical know-how, or proprietary data during business negotiations, joint ventures, or commercial partnerships. The agreement incorporates specific provisions required under Swiss legislation, including the Swiss Code of Obligations and Federal Act on Data Protection, making it suitable for both domestic and international transactions where Swiss law applies. The Secret Agreement provides comprehensive protection mechanisms, including detailed security requirements, breach notification procedures, and enforcement provisions, while ensuring compliance with Swiss legal standards for confidentiality and data protection.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and registration details

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Authorized Personnel', and 'Security Measures'

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 to authorized personnel and legal requirements

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

8. Term and Survival: Duration of the agreement and obligations that survive termination

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

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

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

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when confidential information could provide competitive advantage

2. Employee and Contractor Obligations: Additional provisions when confidential information will be shared with employees or contractors

3. Data Protection Compliance: Specific provisions for FADP compliance when personal data is involved

4. Intellectual Property Rights: Provisions clarifying IP ownership and licenses when confidential information includes IP

5. International Transfer Provisions: Additional provisions for cross-border transfers of confidential information

6. Insurance Requirements: Obligations to maintain specific insurance coverage for potential breaches

7. Audit Rights: Rights to audit compliance with security measures and confidentiality obligations

Suggested Schedules

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

2. Schedule 2 - Security Protocols: Detailed technical and organizational security measures required

3. Schedule 3 - Authorized Personnel: List of individuals or roles authorized to access confidential information

4. Schedule 4 - Data Processing Requirements: Specific requirements for handling personal data if applicable

5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for employees or contractors

6. Appendix B - Security Breach Protocol: Procedures to be followed in case of security breach or unauthorized disclosure

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 & Software

Pharmaceutical & Healthcare

Financial Services

Manufacturing

Research & Development

Professional Services

Biotechnology

Aerospace & Defense

Chemical Industry

Energy & Resources

Telecommunications

Consumer Products

Industrial Engineering

Relevant Teams

Legal

Compliance

Information Security

Research & Development

Corporate Development

Executive Leadership

Risk Management

Information Technology

Business Development

Operations

Intellectual Property

Finance

Human Resources

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Compliance Officer

Chief Technology Officer

Research Director

Business Development Manager

Project Manager

Innovation Manager

Chief Financial Officer

Head of Operations

Information Security Officer

Risk Manager

Corporate Development Director

Intellectual Property Manager

Partnership Manager

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Authors

Alex Denne

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