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1. Parties: Identification of the disclosing party, receiving party, and any relevant affiliated entities
2. Background: Context of the due diligence process and purpose of the agreement
3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and any specific exclusions
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives and third parties
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information after the due diligence process
9. Duration of Obligations: Term of the agreement and survival of confidentiality obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution requirements
1. Data Protection Compliance: Additional provisions specifically addressing compliance with Swiss data protection laws, required when personal data is involved
2. International Transfer of Data: Required when confidential information may be transferred outside Switzerland
3. Insider Trading Prevention: Required when the due diligence involves a publicly traded company
4. Clean Team Arrangements: Required when dealing with competitors or in situations where competition law concerns exist
5. Non-Solicitation: Optional provisions preventing solicitation of employees or customers, often included in more comprehensive agreements
6. Non-Competition: Optional provisions restricting competitive activities, subject to Swiss competition law limitations
7. Costs and Expenses: Optional section addressing the allocation of costs related to the due diligence process
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Security Protocols: Detailed security requirements and procedures for handling confidential information
3. Schedule 3 - Data Room Rules: Specific rules and procedures for accessing and using the data room, if applicable
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives and advisors
5. Appendix B - Information Classification Guidelines: Guidelines for classification and handling of different types of confidential information
6. Appendix C - Document Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Banking & Financial Services
Manufacturing
Technology
Healthcare & Pharmaceuticals
Real Estate
Energy & Utilities
Telecommunications
Professional Services
Retail & Consumer Goods
Insurance
Transportation & Logistics
Media & Entertainment
Education
Construction
Agriculture & Food Production
Legal
Compliance
Corporate Development
Mergers & Acquisitions
Finance
Risk Management
Information Security
Data Protection
Strategy
Business Development
Executive Management
Corporate Secretariat
Investment
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
General Counsel
Corporate Development Director
M&A Director
Investment Manager
Due Diligence Manager
Compliance Officer
Data Protection Officer
Corporate Secretary
Business Development Director
Strategy Director
Risk Manager
Information Security Officer
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