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Two Way NDA for Switzerland

Two Way NDA Template for Switzerland

A comprehensive mutual non-disclosure agreement governed by Swiss law, designed to protect confidential information exchanged between two parties. This agreement ensures bilateral protection of sensitive business information, trade secrets, technical data, and other proprietary information shared during business discussions or collaborations. The document incorporates key provisions of Swiss federal laws, including the Swiss Code of Obligations and Federal Act on Data Protection, providing robust legal protection and clear remedies for both parties in case of breach.

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What is a Two Way NDA?

This Two Way NDA template is essential for business relationships where parties need to exchange confidential information while ensuring mutual protection under Swiss law. It is commonly used during business negotiations, due diligence processes, joint ventures, or potential collaborations where both parties need to share sensitive information. The document complies with Swiss federal legislation, including the Swiss Code of Obligations and Swiss Federal Act on Data Protection, making it suitable for both domestic and international business relationships involving Swiss entities. The agreement covers various types of confidential information, from trade secrets and technical data to business strategies and customer information, while providing clear obligations, permitted uses, and enforcement mechanisms for both parties.

What sections should be included in a Two Way NDA?

1. Parties: Identification of the parties entering into the NDA, including full legal names, addresses, and registration details if applicable

2. Background: Brief context explaining why the parties are entering into the NDA and the general purpose of their discussions or relationship

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core obligations regarding the protection, use, and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors

7. Standard of Care: Required level of care in protecting confidential information and specific security measures to be implemented

8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

9. Duration and Termination: Term of the agreement and survival of obligations after termination

10. Remedies: Available remedies in case of breach, including injunctive relief and damages

11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Two Way NDA?

1. Data Protection Compliance: Additional provisions when confidential information includes personal data subject to Swiss FADP

2. Intellectual Property Rights: Specific provisions clarifying IP ownership and rights when technical or proprietary information is involved

3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

4. Export Control: Provisions for compliance with export control laws when technical data may be involved

5. Publicity: Restrictions on public announcements or references to the business relationship

6. Insurance: Requirements for insurance coverage when highly sensitive or valuable information is involved

What schedules should be included in a Two Way NDA?

1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used

2. Schedule 2 - Security Measures: Specific technical and organizational security measures required for protecting confidential information

3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information

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

Manufacturing

Financial Services

Healthcare

Pharmaceuticals

Professional Services

Research & Development

Education

Telecommunications

Software Development

Biotechnology

Industrial Engineering

Consumer Goods

Energy

Real Estate

Relevant Teams

Legal

Business Development

Executive Leadership

Research and Development

Procurement

Commercial

Finance

Strategy

Innovation

Compliance

Corporate Development

Operations

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Business Development Manager

Chief Technology Officer

Research Director

Project Manager

Procurement Manager

Commercial Director

Chief Financial Officer

Head of Strategy

Innovation Manager

Partnership Manager

Compliance Officer

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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