The Full Non-Disclosure Agreement is essential for businesses and individuals operating under Swiss jurisdiction who need to protect confidential information during business negotiations, partnerships, or service relationships. This document type is particularly relevant when parties need to share sensitive information such as trade secrets, technical know-how, customer data, or business strategies. The agreement is structured to comply with Swiss legal requirements, including the Swiss Code of Obligations and data protection laws, while providing comprehensive protection for confidential information. It is commonly used in scenarios such as business negotiations, due diligence processes, joint ventures, or service provider relationships where significant confidential information needs to be exchanged. The Full Non-Disclosure Agreement includes detailed provisions for information handling, security measures, and breach remedies, making it suitable for complex business relationships requiring robust confidentiality protection.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Detailed definitions including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other key terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and exclusions from confidentiality obligations
5. Obligations of Receiving Party: Core confidentiality obligations, standard of care, security measures, and usage restrictions
6. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives or required by law
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach, including injunctive relief and compensation rights under Swiss law
10. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Data Protection Compliance: Specific provisions for compliance with Swiss Federal Act on Data Protection when personal data is involved
2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Export Control: Compliance with Swiss and international export control regulations for technical information
5. Competitive Activities: Restrictions on competitive activities, subject to Swiss competition law
6. Assignment and Subcontracting: Rules for transferring obligations or using subcontractors
7. Insurance Requirements: Specifications for insurance coverage related to confidential information handling
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information
4. Schedule 4 - Notification Requirements: Procedures and contact details for mandatory notifications and approvals
5. Appendix A - Data Processing Terms: Specific terms for handling personal data under Swiss data protection law
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