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Trade Secret Agreement

Trade Secret Agreement Template for Switzerland

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Key Requirements PROMPT example:

Trade Secret Agreement

"I need a Trade Secret Agreement for my Swiss software company to protect our proprietary AI algorithms when sharing them with a manufacturing partner in Basel, with special emphasis on technical documentation and source code protection."

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Document background
The Trade Secret Agreement is essential for businesses operating in Switzerland who need to protect their confidential information when sharing it with third parties. This document is particularly crucial in today's business environment where intellectual property and proprietary information are key competitive advantages. The agreement, governed by Swiss law, specifically the Federal Act against Unfair Competition (UWG) and the Swiss Code of Obligations, provides comprehensive protection for trade secrets, technical know-how, business methods, and other confidential information. It should be used whenever sensitive business information needs to be shared with external parties, whether for potential business partnerships, consultancy arrangements, or evaluation purposes. The document includes detailed provisions for information handling, security measures, and breach remedies, while ensuring compliance with Swiss legal requirements for trade secret protection.
Suggested Sections

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

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

3. Definitions: Detailed definitions of 'Confidential Information', 'Trade Secrets', 'Authorized Persons', and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes protected trade secrets and confidential information

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and related procedures

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

8. Term and Termination: Duration of the agreement and termination provisions

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

10. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes

11. General Provisions: Standard clauses including severability, amendments, and entire agreement

Optional Sections

1. Employee and Contractor Obligations: Additional provisions for when receiving party needs to share information with employees or contractors

2. Technical Security Measures: Specific IT and physical security requirements for highly sensitive technical information

3. Export Control: Required when trade secrets may be subject to international export control regulations

4. Reverse Engineering Prohibition: Specific prohibition on reverse engineering when applicable to technical trade secrets

5. Competition Restrictions: Non-compete provisions where permitted under Swiss law

6. Audit Rights: Rights to audit compliance with security measures for highly sensitive information

7. Insurance Requirements: Obligations to maintain specific insurance coverage for high-value trade secrets

Suggested Schedules

1. Schedule 1 - Description of Trade Secrets: Detailed listing and description of specific trade secrets covered

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

3. Schedule 3 - Security Protocols: Detailed security measures and procedures for protecting confidential information

4. Schedule 4 - Notification Procedures: Step-by-step procedures for reporting potential breaches or unauthorized disclosures

5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality agreements to be signed by employees/contractors

6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or 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

Manufacturing

Pharmaceuticals

Biotechnology

Financial Services

Chemical Industry

Research & Development

Software Development

Industrial Engineering

Food & Beverage

Aerospace & Defense

Consumer Electronics

Professional Services

Healthcare

Automotive

Relevant Teams

Legal

Research and Development

Innovation

Information Security

Intellectual Property

Business Development

Compliance

Executive Leadership

Product Development

Strategic Partnerships

Information Technology

Corporate Development

Risk Management

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Legal Counsel

Intellectual Property Manager

Research Director

Business Development Manager

Innovation Manager

Product Development Manager

Technical Director

Head of R&D

Compliance Officer

Contract Manager

Chief Information Security Officer

Project Manager

Strategic Partnership 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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