The Confidentiality Agreement For Contractors is essential for businesses operating in Switzerland who engage external contractors and need to protect their confidential information. This document is particularly relevant in today's business environment where companies regularly engage independent contractors, consultants, and freelance professionals who may have access to sensitive business information, trade secrets, or intellectual property. The agreement, governed by Swiss law, ensures compliance with local legal requirements including the Swiss Code of Obligations and data protection regulations. It provides comprehensive protection while maintaining the flexibility needed in contractor relationships. Typically used before sharing any confidential information with contractors, it outlines specific obligations regarding information handling, permitted uses, and security measures, while establishing clear consequences for breaches under Swiss law.
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1. Parties: Identification of the disclosing party (company) and receiving party (contractor), including full legal names and addresses
2. Background: Context of the agreement, nature of the contractor relationship, and purpose of sharing confidential information
3. Definitions: Clear definitions of 'Confidential Information', 'Permitted Purpose', 'Affiliated Companies', 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 non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Duration of Obligations: Term of the agreement and survival of confidentiality obligations
9. Breach and Remedies: Consequences of breach, including injunctive relief and damages
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights when contractor work involves creation of IP
2. Data Protection Compliance: Specific provisions addressing Swiss data protection requirements when personal data is involved
3. Non-Competition: Restrictions on competitive activities during and after the contractor relationship
4. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the contractor relationship
5. Insurance Requirements: Contractor's obligation to maintain specific insurance coverage when handling sensitive information
6. Audit Rights: Company's right to audit contractor's compliance with confidentiality obligations for high-risk relationships
7. Security Protocols: Specific technical and organizational measures required for handling confidential information in sensitive cases
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Measures: Detailed technical and organizational security measures required
4. Appendix A - Form of Confidentiality Undertaking: Template for additional confidentiality undertakings by contractor's employees or subcontractors
5. Appendix B - Data Processing Terms: Specific terms for handling personal data when applicable under Swiss data protection law
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Biotechnology
Research and Development
Engineering
Pharmaceuticals
Construction
Media and Entertainment
Telecommunications
Energy
Education
Management Consulting
Relevant Teams
Legal
Human Resources
Procurement
Information Security
Compliance
Risk Management
Operations
Information Technology
Finance
Research & Development
Project Management Office
Vendor Management
Corporate Services
Administrative Services
Executive Management
Relevant Roles
Legal Counsel
HR Manager
Procurement Manager
Project Manager
Operations Director
Chief Technology Officer
Chief Information Officer
Information Security Officer
Compliance Officer
Risk Manager
Department Head
Business Unit Director
Contract Administrator
Vendor Relations Manager
Chief Financial Officer
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