This Non Disclosure Agreement Data Protection document is designed for use in situations where parties need to share both confidential business information and personal data under Swiss jurisdiction. It is particularly relevant in today's digital business environment where data protection compliance is crucial. The agreement combines traditional NDA elements with specific requirements under the Swiss Federal Act on Data Protection (FADP/DSG), making it suitable for businesses operating in Switzerland or dealing with Swiss entities. It should be used when parties anticipate exchanging sensitive information that includes personal data, requiring both confidentiality obligations and compliance with data protection regulations. The document addresses key requirements for data processing, security measures, cross-border transfers, and breach notification procedures, while maintaining alignment with international best practices, particularly considering Switzerland's close economic ties with the EU.
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1. Parties: Identification of the parties entering into the agreement, including registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and purpose of information sharing
3. Definitions: Key terms including Confidential Information, Personal Data, Processing, Data Controller, Data Processor, Authorized Recipients
4. Scope of Confidential Information: Definition and categories of confidential information covered by the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care
6. Data Protection Obligations: Obligations under FADP/DSG, including lawful processing, data security, and cross-border transfers
7. Security Measures: Required technical and organizational measures to protect confidential information and personal data
8. Authorized Disclosures: Circumstances under which confidential information may be disclosed
9. Return or Destruction: Obligations regarding return or destruction of confidential information upon termination
10. Term and Termination: Duration of the agreement and termination provisions
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Data Transfer Mechanisms: Required when personal data will be transferred outside Switzerland, specifying approved transfer mechanisms
2. Audit Rights: Optional section granting audit rights to the disclosing party, typically included in high-security situations
3. Subprocessing: Required when the receiving party may engage subcontractors to process data
4. Insurance Requirements: Optional section specifying required insurance coverage for data protection and cybersecurity risks
5. Data Breach Notification: Detailed procedures for handling data breaches, recommended for high-risk data processing
6. Intellectual Property Rights: Required when confidential information includes IP or when IP might be created during the relationship
7. Employee and Contractor Obligations: Detailed requirements for ensuring compliance by staff, recommended for complex organizational relationships
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered
2. Schedule 2 - Technical and Organizational Measures: Specific security measures required for data protection
3. Schedule 3 - Authorized Recipients: List of authorized persons or categories of persons who may access the confidential information
4. Schedule 4 - Data Processing Details: Details of personal data processing activities including categories of data subjects, types of data, and processing purposes
5. Schedule 5 - Contact Details: Key contacts for confidentiality and data protection matters
6. Appendix A - Standard Contractual Clauses: If required for international data transfers, incorporating approved model clauses
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