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Small Business Confidentiality Agreement

Small Business Confidentiality Agreement Template for Switzerland

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Key Requirements PROMPT example:

Small Business Confidentiality Agreement

"I need a Small Business Confidentiality Agreement under Swiss law for my tech startup to use with freelance software developers who will have access to our proprietary code and development plans, with special emphasis on data protection and source code security."

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Document background
This Small Business Confidentiality Agreement is essential for Swiss small businesses engaging in business relationships where confidential information needs to be shared. It is particularly relevant in the context of Switzerland's strong privacy laws and business confidentiality requirements. The agreement should be used when engaging with contractors, service providers, potential business partners, or any third party who will have access to sensitive business information. It incorporates provisions from the Swiss Code of Obligations and Federal Act on Data Protection, ensuring robust protection while remaining practical for small business operations. The document includes clear definitions of confidential information, specific obligations for information handling, and enforcement mechanisms suitable for the Swiss legal framework, making it an essential tool for protecting business secrets and proprietary information in commercial relationships.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and company registration details as required under Swiss law

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

3. Definitions: Clear definitions of 'Confidential Information', 'Authorized Purpose', 'Authorized Recipients', and other key terms

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

6. Authorized Recipients: Provisions regarding who may access the confidential information and under what conditions

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

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

9. Duration and Survival: Term of the agreement and survival of obligations post-termination

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

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

Optional Sections

1. Data Protection Compliance: Additional provisions for compliance with Swiss Federal Act on Data Protection when personal data is involved

2. Intellectual Property Rights: Clarification that the agreement doesn't transfer any IP rights, useful when confidential information includes IP

3. Non-Solicitation: Prevents poaching of employees or clients, recommended when sharing sensitive business information

4. Export Control: Required when confidential information may be subject to international trade restrictions

5. Force Majeure: Provisions for extraordinary circumstances, optional but sometimes included in Swiss contracts

6. Insurance Requirements: Specific insurance requirements for handling confidential information, relevant for high-value or sensitive information

7. Audit Rights: Right to audit compliance with confidentiality obligations, useful for more sensitive arrangements

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement

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

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information

4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for Authorized Recipients to sign

5. Appendix B - Data Destruction Certificate: Template certificate for confirming destruction of confidential information

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

Professional Services

Manufacturing

Financial Services

Healthcare

Retail

E-commerce

Consulting

Software Development

Biotechnology

Engineering

Creative Industries

Import/Export

Precision Engineering

Hospitality

Education and Training

Relevant Teams

Legal

Operations

Human Resources

Information Technology

Finance

Business Development

Procurement

Research & Development

Sales

Compliance

Executive Leadership

Project Management

Administrative

Contract Management

Relevant Roles

CEO

Business Owner

Managing Director

Legal Counsel

Operations Manager

Project Manager

HR Director

Finance Manager

IT Manager

Business Development Manager

Procurement Manager

Research & Development Director

Sales Director

Compliance Officer

Contract 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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