Technology Confidentiality Agreement

Technology Confidentiality Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a Technology Confidentiality Agreement under Swiss law for sharing AI algorithm development information with a software development contractor, with special emphasis on source code protection and remote access security measures."

Document background

The Technology Confidentiality Agreement is essential in situations where parties need to share sensitive technical information, proprietary technology, or technological know-how while ensuring legal protection under Swiss law. This document is particularly relevant for collaborative projects, technology licensing discussions, joint ventures, or due diligence processes involving technical information. It addresses specific requirements under Swiss federal laws, including the Code of Obligations, Federal Act on Data Protection, and Federal Act on Unfair Competition, while providing comprehensive protection for technical secrets and intellectual property. The agreement is designed to facilitate secure information sharing while maintaining confidentiality in technology-focused business relationships.

Suggested Sections

1. Parties: Identification and details of all contracting parties, including registered addresses and company details

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

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Authorized Purpose', 'Representatives', and 'Affiliate'

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

5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

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 which obligations survive termination

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

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

Optional Sections

1. Data Protection Compliance: Specific provisions for compliance with Swiss data protection laws when personal data is involved

2. Export Control: Required when confidential information is subject to export control regulations

3. Source Code Protection: Additional provisions specifically for protecting software source code

4. Reverse Engineering Prohibition: Specific restrictions on reverse engineering when technical products or processes are involved

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

6. Insurance Requirements: Requirements for insurance coverage related to data breaches or confidentiality breaches

7. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

8. Competing Projects: Provisions regarding involvement in competing projects or technologies

Suggested Schedules

1. Schedule A - Designated Confidential Information: Detailed list or categories of specific confidential information covered

2. Schedule B - Authorized Representatives: List of authorized representatives who may access confidential information

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

4. Schedule D - Data Handling Procedures: Specific procedures for handling, storing, and transmitting confidential data

5. Appendix 1 - Notice Requirements: Contact details and procedures for required notices under the agreement

6. Appendix 2 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

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

Information Technology

Software Development

Biotechnology

Manufacturing

Research & Development

Telecommunications

Financial Technology

Healthcare Technology

Artificial Intelligence

IoT & Connected Devices

Cybersecurity

Clean Technology

Electronics Manufacturing

Digital Services

Automotive Technology

Relevant Teams

Legal

Information Technology

Research & Development

Information Security

Intellectual Property

Product Development

Innovation

Technical Operations

Business Development

Data Protection

Systems Architecture

Quality Assurance

Relevant Roles

Chief Technology Officer

Technical Director

Software Development Manager

Research Director

IP Counsel

Legal Counsel

Information Security Manager

Product Manager

Innovation Director

R&D Manager

Technology Partnership Manager

Systems Architect

Technical Project Manager

Data Protection Officer

Chief Information Security Officer

Business Development Director

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