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.
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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
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
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
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