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Confidentiality And Non Solicitation Agreement for Switzerland

Confidentiality And Non Solicitation Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss law that serves two primary purposes: protecting confidential information and preventing the solicitation of employees, customers, or suppliers. The document incorporates specific provisions compliant with Swiss federal laws, including the Code of Obligations and Federal Act on Data Protection, establishing clear obligations regarding confidentiality maintenance and non-solicitation restrictions. It defines the scope of protected information, permitted uses, disclosure restrictions, and duration of obligations, while ensuring compliance with Swiss competition law principles.

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What is a Confidentiality And Non Solicitation Agreement?

The Confidentiality And Non Solicitation Agreement is essential for businesses operating in Switzerland seeking to protect their sensitive information and maintain stable business relationships. This document is typically used when engaging with employees, contractors, business partners, or other parties who will have access to confidential information and/or significant contact with employees, customers, or suppliers. The agreement complies with Swiss federal laws, including the Code of Obligations, Data Protection Act, and competition laws, providing comprehensive protection while remaining enforceable under Swiss jurisdiction. It's particularly relevant in situations involving business negotiations, employment relationships, partnerships, or any scenario where sensitive information needs to be shared while protecting against potential solicitation of key stakeholders.

What sections should be included in a Confidentiality And Non Solicitation Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Solicitation', 'Restricted Period', etc.

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

6. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or suppliers

7. Duration: Time period for both confidentiality and non-solicitation obligations

8. Return of Confidential Information: Requirements for returning or destroying confidential information

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

What sections are optional to include in a Confidentiality And Non Solicitation Agreement?

1. Data Protection Compliance: Specific provisions for compliance with Swiss data protection laws, required when personal data is involved

2. International Transfer of Information: Additional provisions for cross-border transfer of information, needed for international agreements

3. Intellectual Property Rights: Specific provisions protecting IP rights, needed when confidential information includes IP

4. Survival Clause: Specifies which provisions survive termination, recommended for longer-term relationships

5. Non-Competition: Additional competition restrictions, only if appropriate under Swiss law and circumstances

6. Security Measures: Specific technical and organizational measures for protecting confidential information, needed for sensitive data

7. Force Majeure: Provisions for extraordinary circumstances, recommended for long-term agreements

What schedules should be included in a Confidentiality And Non Solicitation Agreement?

1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered

2. Schedule 2 - Authorized Recipients: List of individuals or entities 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 for additional parties to sign confidentiality commitments

5. Appendix B - Notice Details: Detailed contact information and notice requirements for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions



































Clauses



























Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Pharmaceutical

Biotechnology

Retail

Telecommunications

Energy

Research and Development

Consumer Goods

Engineering

Media and Entertainment

Insurance

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research and Development

Information Technology

Finance

Operations

Procurement

Sales

Corporate Development

Risk Management

Compliance

Information Security

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Human Resources Director

Chief Technology Officer

Business Development Manager

Project Manager

Research Director

Department Head

Chief Financial Officer

Procurement Manager

Sales Director

Operations Manager

Innovation Manager

Partnership Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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