The Non Disclosure And Non Solicitation Agreement is essential for business relationships where confidential information needs to be shared while protecting against both unauthorized disclosure and potential poaching of employees or business relationships. This agreement, governed by Swiss law, is commonly used in scenarios such as business negotiations, due diligence processes, strategic partnerships, or service provider relationships. It combines robust confidentiality provisions with carefully crafted non-solicitation clauses that comply with Swiss competition law. The document addresses requirements under the Swiss Code of Obligations, Federal Act on Data Protection, and other relevant Swiss legislation, making it particularly suitable for international business relationships involving Swiss entities or those seeking the benefits of Swiss jurisdiction.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Solicitation', and other relevant terms
4. Confidentiality Obligations: Detailed obligations regarding the protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or suppliers, including scope and duration
7. Duration and Survival: Term of the agreement and which provisions survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Data Protection: Specific provisions for handling personal data under Swiss FADP - include when confidential information includes personal data
2. Intellectual Property Rights: Provisions clarifying ownership and rights in any IP disclosed - include when IP forms part of the confidential information
3. Non-Competition: Additional restrictions on competitive activities - include only when specifically negotiated and ensuring compliance with Swiss competition law
4. Security Measures: Specific technical and organizational measures required for protecting confidential information - include for technology-related agreements
5. Audit Rights: Rights to audit compliance with confidentiality obligations - include for high-sensitivity agreements
6. Insurance: Requirements for insurance coverage - include for high-value or high-risk relationships
1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for authorized recipients to sign
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