Non Disclosure And Non Circumvention Agreement for the United Kingdom

Non Disclosure And Non Circumvention Agreement Template for England and Wales

A Non-Disclosure and Non-Circumvention Agreement under English and Welsh law is a legally binding contract that combines confidentiality obligations with restrictions on bypassing the disclosing party in business dealings. It protects both confidential information and business relationships, preventing the receiving party from using sensitive information inappropriately or attempting to circumvent the disclosing party in future business opportunities. The agreement is governed by English and Welsh law, providing robust protection through both common law principles and statutory frameworks.

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What is a Non Disclosure And Non Circumvention Agreement?

A Non Disclosure And Non Circumvention Agreement is essential when parties need to share sensitive business information while protecting against both unauthorized disclosure and potential circumvention of business relationships. This document, governed by English and Welsh law, is commonly used in business negotiations, joint ventures, or when engaging with intermediaries. It combines traditional confidentiality protections with specific provisions preventing the receiving party from bypassing the disclosing party to directly approach their business contacts, suppliers, or customers. The agreement is particularly relevant in today's interconnected business environment where protecting both information and business relationships is crucial.

What sections should be included in a Non Disclosure And Non Circumvention Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Confidential Information: Definition and scope of protected information

5. Non-Disclosure Obligations: Core obligations regarding confidentiality

6. Non-Circumvention Obligations: Restrictions on bypassing the disclosing party

7. Term and Survival: Duration of agreement and surviving obligations

8. Remedies: Available remedies for breach

9. Governing Law and Jurisdiction: Applicable law and dispute resolution forum

What sections are optional to include in a Non Disclosure And Non Circumvention Agreement?

1. Return of Confidential Information: Procedures for returning or destroying confidential information when physical or electronic materials are shared

2. Data Protection: Specific provisions for personal data handling when confidential information includes personal data

3. Assignment: Rights to transfer obligations, typically included when transfer rights need to be restricted

4. Non-Solicitation: Restrictions on hiring or engaging other party's personnel when protecting against staff poaching is relevant

What schedules should be included in a Non Disclosure And Non Circumvention Agreement?

1. Description of Confidential Information: Detailed list or categories of protected information

2. Authorized Recipients: List of persons authorized to receive confidential information

3. Security Protocols: Specific procedures for handling confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Vendor Non Disclosure Agreement

An England & Wales legal document outlining confidentiality obligations between companies and external vendors.

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What is a Non Disclosure And Non Circumvention Agreement?

What sections should be included in a Non Disclosure And Non Circumvention Agreement?

What sections are optional to include in a Non Disclosure And Non Circumvention Agreement?

What schedules should be included in a Non Disclosure And Non Circumvention Agreement?

Authors

Alex Denne

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