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Unilateral NDA for Switzerland

Unilateral NDA Template for Switzerland

A comprehensive non-disclosure agreement governed by Swiss law, designed to protect confidential information disclosed by one party to another. This agreement incorporates specific provisions under Swiss legal requirements, including considerations from the Swiss Code of Obligations and the Federal Act against Unfair Competition. The document establishes clear obligations for the receiving party regarding the handling, protection, and non-disclosure of confidential information, while providing robust remedies under Swiss law in case of breach. It includes specific provisions for data protection compliance and trade secret protection in accordance with Swiss regulatory requirements.

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What is a Unilateral NDA?

This Unilateral NDA is designed for situations where one party (the Disclosing Party) needs to share confidential or proprietary information with another party (the Receiving Party) while maintaining strict control over its use and dissemination. The agreement is governed by Swiss law, incorporating specific requirements from the Swiss Code of Obligations and related legislation. It is particularly useful in business negotiations, potential partnerships, vendor relationships, or consulting arrangements where sensitive information needs to be shared. The document includes comprehensive definitions of confidential information, clear obligations for the receiving party, and specific provisions for data protection and trade secret protection under Swiss law. It provides robust enforcement mechanisms and remedies available under Swiss jurisdiction, making it suitable for both domestic and international business relationships where Swiss law is preferred.

What sections should be included in a Unilateral NDA?

1. Parties: Identification of the Disclosing Party and Receiving Party with full legal names and addresses

2. Background: Context of the disclosure relationship and purpose of the NDA

3. Definitions: Key terms including 'Confidential Information', 'Authorized Purpose', 'Representatives', and 'Confidential Period'

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

5. Confidentiality Obligations: Core obligations of the Receiving Party regarding the use and protection of confidential information

6. Permitted Disclosures: Circumstances under which the Receiving Party may disclose information to authorized representatives

7. Security Measures: Required measures for protecting and storing confidential information

8. Term and Termination: Duration of the agreement and termination provisions

9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination

10. Remedies: Legal remedies available in case of breach, including injunctive relief

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

What sections are optional to include in a Unilateral NDA?

1. Intellectual Property Rights: Clarification that the agreement does not transfer any IP rights, used when confidential information includes IP-sensitive material

2. Non-Solicitation: Prohibition on soliciting employees or customers, included when business relationship involves exposure to key personnel or clients

3. Data Protection: Specific provisions for handling personal data, required when confidential information includes personal data

4. Export Control: Compliance with export control laws, needed when information may be subject to international transfer restrictions

5. Marking Requirements: Specific requirements for marking confidential information, useful in situations with formal information classification systems

What schedules should be included in a Unilateral NDA?

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

2. Schedule 2: Authorized Representatives: List of individuals or roles authorized to receive confidential information

3. Appendix A: Security Protocols: Specific security measures and protocols required for handling 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

Pharmaceuticals

Financial Services

Manufacturing

Professional Services

Healthcare

Biotechnology

Research and Development

Energy

Telecommunications

Industrial Engineering

Consumer Goods

Media and Entertainment

Relevant Teams

Legal

Business Development

Executive Leadership

Research and Development

Procurement

Human Resources

Finance

Information Technology

Intellectual Property

Compliance

Operations

Strategic Partnerships

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Business Development Manager

Chief Technology Officer

Research Director

Project Manager

Procurement Manager

Human Resources Director

Chief Financial Officer

Innovation Manager

Intellectual Property Manager

Contract Manager

Legal Counsel

Compliance Officer

Chief Operating Officer

Strategic 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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