Non-Disclosure Agreement (one-way)
PricewaterhouseCoopers AG
This agreement is a Swiss-law governed short form confidentiality agreement that only covers the disclosure of information by one party.
Author's Note
The Non-Disclosure Agreement (one-way) is Swiss-law governed short form confidentiality agreement for use where one party will be disclosing confidential information to another party in the course of its existing dealings or for the purposes of discussing a potential business relationship. This template is unilateral and only covers the disclosure of confidential information by one party. The template may be configured to describe the nature of the business relationship and the background to the disclosure of confidential obligations (the Business Purpose ). The template defines confidential information to include any information relating to the Business Purpose that is disclosed to, or comes to the attention of, the receiving party. Other terms that are configurable to the user’s needs include: Scope and duration of the non-disclosure obligations; Restrictions on copies; Requirement for other recipients to sign separate confidentiality...
Read moreThe Non-Disclosure Agreement (one-way) is Swiss-law governed short form confidentiality agreement for use where one party will be disclosing confidential information to another party in the course of its existing dealings or for the purposes of discussing a potential business relationship. This template is unilateral and only covers the disclosure of confidential information by one party.
The template may be configured to describe the nature of the business relationship and the background to the disclosure of confidential obligations (the Business Purpose). The template defines confidential information to include any information relating to the Business Purpose that is disclosed to, or comes to the attention of, the receiving party.
Other terms that are configurable to the user’s needs include:
- Scope and duration of the non-disclosure obligations;
- Restrictions on copies;
- Requirement for other recipients to sign separate confidentiality undertakings;
- Provisions relating to return and retention of confidential information;
- Obligations on termination; and
- Jurisdiction.
Circumstances of Use
This document is suitable for arm’s length business relationships between two companies, where (i) only one party is disclosing confidential information and (ii) the parties have agreed that their relationship will be governed by Swiss law.
Terms of Use
The purchase of this Product is subject to PartnerVine Terms.
You (the registered user through whose account the purchase is made) may:
- Access the document-generation interview for 90 days from date of purchase;
- Export and download an unlimited number of copies of the document(s) in Word or pdf format;
- Share and use the document copies in connection with the circumstances described in this Author’s Note and only for the ordinary business purposes of the group of companies to which you belong.
Exclusions and Limitations
This template is not appropriate if both parties will be disclosing confidential information. A Mutual Non-Disclosure Agreement template is available for those purposes.
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Frequently asked questions
Purpose can be: (1) evaluation of a potential collaboration in relation to a project. (2) a general business relationship between the parties. This is applicable if the non-disclosure agreement is required prior to or in connection with a normal or ongoing business relationship. (3) alliance: if the parties are considering a collaboration or alliance. You must describe what the alliance relates to.
Yes. Pre-agreement information can be labelled as confidential.
You can expressly prohibit copies and/or prohibit storage of confidential information on non-business (external) systems.
You must notify the disclosing party and, if contractually required, with as much notice as possible.
Separate non-disclosure agreements with the recipient's representatives may be appropriate in the case of disclosure of highly sensitive information that is only being disclosed to a small number of people.
Yes. You can require the receiving party to keep: (1) all confidential information received in tangible form, (2) each recipient of confidential information and (3) copies.
The Purchaser might have to certify on request that it has lawfully returned the confidential information
Many companies apply policies requiring data retention. Retention of copies required by reasonable business practices may be allowed or disallowed. However, it is deemed unrealistic to expect every electronic record to be identified and deleted/returned. Nevertheless, this enables further assurance for the Purchaser.
The agreement may state that damages alone would not be an adequate remedy for any breach of the terms of this agreement
The Burden of Proof may be reversed in case confidential information becomes public knowledge or known by a third party. If reversed Burdon of Proof is stated in the contract, the Purchaser will be deemed to be responsible for the breach of confidentiality, unless the Purchaser can prove the contrary.
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