The Supplier Confidentiality Agreement is essential when engaging with external suppliers who need access to sensitive business information, trade secrets, or proprietary data. This document is specifically designed for use under Swiss law, incorporating requirements from the Swiss Code of Obligations and Swiss data protection legislation. It should be implemented before sharing any confidential information with suppliers and typically covers technical specifications, business processes, customer data, pricing information, and intellectual property. The agreement provides legal protection while facilitating necessary business collaboration, with specific provisions for data security, permitted uses, and breach remedies that align with Swiss legal requirements. It's particularly important in regulated industries or when dealing with sensitive intellectual property, and should be reviewed periodically to ensure continued compliance with evolving Swiss legal standards.
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1. Parties: Identification of the disclosing party (typically the company) and the receiving party (the supplier), including full legal names and addresses
2. Background: Context of the relationship between the parties and purpose of sharing confidential information
3. Definitions: Clear definitions of 'Confidential Information', 'Authorized Purpose', 'Authorized Recipients', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information
6. Security Measures: Required technical and organizational measures to protect confidential information
7. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized third parties
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies under Swiss law
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement clauses
1. Data Protection Compliance: Additional provisions specifically addressing compliance with Swiss data protection laws, necessary when confidential information includes personal data
2. Intellectual Property Rights: Specific provisions regarding IP rights in confidential information, needed when technical information or trade secrets are involved
3. Export Control: Provisions regarding compliance with export control regulations, required when information may be subject to international transfer restrictions
4. Insurance Requirements: Specific insurance obligations for the supplier, relevant for high-value or high-risk information
5. Audit Rights: Rights to audit supplier's compliance with confidentiality obligations, useful for highly sensitive information
6. Force Majeure: Provisions addressing extraordinary circumstances, optional but recommended for long-term agreements
7. Language: Specification of prevailing language version, necessary when agreement is executed in multiple languages
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Requirements: Specific technical and organizational security measures required
4. Schedule 4 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
5. Appendix A - Contact Persons: List of key contact persons for both parties regarding confidentiality matters
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Financial Services
Healthcare
Pharmaceuticals
Telecommunications
Professional Services
Research and Development
Energy
Consumer Goods
Industrial Products
Logistics
Automotive
Chemical Industry
Life Sciences
Relevant Teams
Legal
Procurement
Supply Chain
Vendor Management
Information Security
Compliance
Risk Management
Operations
Research and Development
Information Technology
Data Protection
Contract Management
Relevant Roles
Procurement Manager
Legal Counsel
Supply Chain Director
Vendor Management Specialist
Chief Information Security Officer
Data Protection Officer
Contract Manager
Risk Management Officer
Compliance Officer
Operations Director
Project Manager
Technical Director
Chief Technology Officer
Innovation Manager
Research and Development Manager
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