This Digital Non Disclosure Agreement template is designed for use in situations where parties need to share confidential information primarily in digital format, under Swiss law jurisdiction. It is particularly relevant in today's digital business environment where remote collaboration and electronic information sharing are common. The agreement includes specific provisions for digital security measures, electronic storage and transmission of confidential information, and compliance with Swiss data protection regulations. It's suitable for both business-to-business and business-to-individual relationships, incorporating requirements for electronic signatures and digital documentation. The template addresses modern cybersecurity concerns while maintaining alignment with Swiss contract law principles and international best practices for data protection.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Digital Assets', 'Authorized Recipients', 'Security Standards'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including digital formats and data types
5. Obligations of Confidentiality: Core confidentiality obligations, including digital security measures and handling requirements
6. Permitted Disclosures: Circumstances under which confidential information may be shared and related procedures
7. Digital Security Requirements: Specific measures required for storing, transmitting, and handling digital confidential information
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information, including digital copies
9. Duration and Termination: Term of the agreement and termination provisions
10. Governing Law and Jurisdiction: Swiss law provisions and jurisdiction for disputes
11. Electronic Execution: Provisions for digital signing and execution of the agreement
1. Data Protection Compliance: Additional provisions for compliance with FADP when personal data is involved
2. Cross-Border Transfers: Required when confidential information may be transferred outside Switzerland
3. Intellectual Property Rights: Additional provisions when confidential information includes IP rights
4. Employee and Contractor Obligations: Specific provisions for when the receiving party needs to share information with employees or contractors
5. Audit Rights: Provisions allowing the disclosing party to audit the receiving party's compliance with security measures
6. Insurance Requirements: Provisions requiring specific insurance coverage for data breaches or confidentiality breaches
7. Disaster Recovery: Provisions for backup and recovery of digital confidential information
1. Schedule 1 - Security Standards: Detailed technical and organizational measures required for handling digital confidential information
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
3. Schedule 3 - Data Categories: Detailed categorization of different types of confidential information and their handling requirements
4. Appendix A - Notification Procedures: Procedures for reporting security incidents or unauthorized disclosures
5. Appendix B - Destruction Certificate: Template certificate confirming destruction of confidential information
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