Technology Non Disclosure Agreement

Technology Non Disclosure Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a Technology Non Disclosure Agreement under Swiss law for sharing proprietary AI algorithms with a potential development partner, including specific provisions for source code protection and cloud-based collaboration tools."

Document background

This Technology Non-Disclosure Agreement (NDA) is designed for use in situations where parties need to share sensitive technical information, intellectual property, or trade secrets in the context of technology-related business discussions, collaborations, or evaluations. The agreement is specifically crafted under Swiss law, leveraging Switzerland's robust legal framework for protecting business secrets and intellectual property. It incorporates provisions from the Swiss Code of Obligations, Federal Act on Data Protection, and Federal Act on Unfair Competition, while addressing modern technological considerations such as digital data protection and cloud storage. This document is particularly relevant for technology companies, startups, research institutions, and other entities engaging in technical discussions, product development, system integration, or technology transfer activities where proprietary technical information needs to be protected.

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, including the nature of the technological information to be shared and the purpose of the disclosure

3. Definitions: Clear definitions of key terms, particularly 'Confidential Information', 'Technical Data', 'Trade Secrets', and 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically addressing technical specifications, source code, algorithms, and other technology-related information

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, advisors, or other authorized parties

7. Security Measures: Required technical and organizational measures for protecting confidential information

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 termination provisions

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. Export Control: Required when the technology may be subject to international export controls or sanctions

2. Data Protection: Required when confidential information includes personal data or data processing methods

3. Source Code Protection: Specific provisions for protecting software source code, used when software is part of the confidential information

4. Patent Rights: Provisions clarifying that the agreement doesn't transfer any patent rights, used when patentable technology is involved

5. Reverse Engineering: Prohibitions on reverse engineering, particularly relevant for software or hardware technology

6. Cloud Storage: Specific provisions for handling confidential information stored in cloud services

7. Subcontractors: Provisions for when the receiving party needs to share information with subcontractors

8. Escrow Arrangements: Used when source code or other critical technology needs to be placed in escrow

Suggested Schedules

1. Schedule 1 - Description of Technical Information: Detailed description of the specific technical information covered by the NDA

2. Schedule 2 - Authorized Personnel: List of personnel authorized to access the confidential information

3. Schedule 3 - Security Protocols: Detailed technical security requirements and protocols for handling the confidential information

4. Schedule 4 - Information Handling Procedures: Step-by-step procedures for accessing, storing, and transmitting confidential information

5. Appendix A - Data Processing Requirements: Specific requirements for data processing if personal data is involved

6. Appendix B - Return/Destruction Certificate: Template certificate for confirming the 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

Telecommunications

Biotechnology

Financial Technology

Artificial Intelligence

Internet of Things

Cybersecurity

Cloud Computing

Semiconductor Industry

Research & Development

Digital Healthcare

Industrial Automation

Quantum Computing

Blockchain Technology

Relevant Teams

Legal

Information Technology

Research and Development

Product Development

Information Security

Engineering

Innovation

Software Development

Data Protection

Intellectual Property

Technical Operations

Systems Integration

Cloud Infrastructure

Enterprise Architecture

Technical Compliance

Relevant Roles

Chief Technology Officer

Technical Director

Software Development Manager

Research and Development Director

Information Security Officer

Legal Counsel

Intellectual Property Manager

Product Development Manager

Systems Architect

Innovation Manager

Technical Project Manager

Chief Information Officer

Data Protection Officer

Technology Consultant

Engineering Manager

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Authors

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