This Non-Compete Non Disclosure Agreement is designed for use in situations where an organization needs to protect its legitimate business interests under Swiss law through both confidentiality obligations and competitive restrictions. It is particularly relevant when engaging employees, contractors, or business partners who will have access to sensitive information or could pose a competitive threat. The agreement complies with Swiss Code of Obligations requirements, including the need for written form, appropriate consideration, and reasonable limitations on scope, time, and geography. It includes comprehensive confidentiality provisions protecting trade secrets and proprietary information, alongside non-compete restrictions that are enforceable under Swiss law. The document is typically used during employment onboarding, business partnerships, or contractor engagements where protection of business interests is crucial.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the restrictions
3. Definitions: Key terms including Confidential Information, Trade Secrets, Competitive Activities, Territory, and Restricted Period
4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and non-disclosure of confidential information
5. Non-Competition Obligations: Scope of competitive restrictions, including temporal and geographical limitations as required by Swiss law
6. Duration and Territory: Specific timeframes and geographical scope for both confidentiality and non-compete obligations
7. Consideration: Compensation or consideration for the non-compete obligations as required under Swiss law
8. Return of Confidential Information: Obligations regarding the return or destruction of confidential materials
9. Breach and Remedies: Consequences of breach, including contractual penalties (Konventionalstrafe) and injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, severability, and entire agreement
1. Data Protection Compliance: Additional provisions for compliance with Swiss data protection laws when personal data is involved
2. Intellectual Property Rights: Specific provisions regarding IP rights when relevant to the business relationship
3. Employee Solicitation: Additional non-solicitation provisions if relevant to the business context
4. Assignment Rights: Provisions regarding the ability to transfer rights and obligations under the agreement
5. Survival Clause: Specific provisions about which obligations survive termination of the main relationship
6. Garden Leave: Provisions for paid leave during notice period, if applicable to the relationship
7. Training Costs Reimbursement: Provisions regarding repayment of training costs, if applicable
1. Schedule 1 - Restricted Territory: Detailed description of the geographical areas covered by the non-compete obligation
2. Schedule 2 - Competitive Activities: Detailed list of prohibited competitive activities
3. Schedule 3 - Confidential Information: Specific categories and examples of confidential information covered
4. Schedule 4 - Compensation Details: Specific details of any compensation for the non-compete obligations
5. Schedule 5 - Third Party Disclosure Recipients: Pre-approved third parties who may receive confidential information
6. Appendix A - Data Processing Terms: Detailed data protection and processing terms if personal data is involved
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