Lykke minimalist Consulting agreement!|
Repo at Github.com/commonaccord/Lykke-QuickSwissConsultAgt-CmA
Demo at CommonAccord: G/Lykke-QuickSwissConsultAgt-CmA
HazardJ posed the question whether the Agent has a duty of confidentiality. The author responds:
The Swiss Code uses a nice trick here: Art. 398 para. 1 CO states that the same duty of care applies as the one of the employee, a reference to Art. 321a CO. If you check 321a para. 4 CO, a confidentiality clause is included there. Therefore, for consulting agreement, this confidentiality clause "For the duration of the employment relationship the employee must not exploit or reveal confidential information obtained while in the employer’s service, such as manufacturing or trade secrets; he remains bound by such duty of confidentiality even after the end of the em- ployment relationship to the extent required to safeguard the employ- er’s legitimate interests." is part of this agreement. And of course, under Swiss law, all the supreme court decisions on these Art. 398 para. 1 CO in connection with Art. 321a CO are inherently included in this article and thus in the contract. Therefore, if you invoke such an article, you always invoke the supreme court decisions regarding the interpretation of that article.