A Perpetual Non-Disclosure Agreement is essential when parties need to share sensitive information with indefinite protection requirements. This agreement, governed by English and Welsh law, is particularly valuable for long-term business relationships, protection of trade secrets, and situations where the confidential information remains commercially sensitive indefinitely. It provides stronger protection than time-limited NDAs and is commonly used in technology transfers, joint ventures, and strategic partnerships where intellectual property and trade secrets require permanent protection.
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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 confidential information
5. Obligations of Confidentiality: Core confidentiality obligations
6. Permitted Disclosures: Circumstances under which disclosure is allowed
7. Return of Confidential Information: Provisions for returning or destroying confidential information
8. Duration: Perpetual nature of obligations
9. Governing Law and Jurisdiction: Application of English and Welsh law
1. Third Party Rights: Rights of third parties under the agreement
2. Data Protection: Specific data protection obligations when personal data is involved
3. Intellectual Property: IP rights and obligations when IP is part of confidential information
4. Assignment: Rights to assign the agreement
1. Schedule of Confidential Information: Detailed list of specific confidential information
2. Schedule of Authorized Recipients: List of persons authorized to receive confidential information
3. Schedule of Security Measures: Required security measures for protecting confidential information
Relevant legal definitions
Agreement
Authorized Representatives
Business Day
Confidential Information
Control
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Party/Parties
Permitted Purpose
Permitted Recipients
Personal Data
Receiving Party
Representatives
Security Requirements
Subsidiary
Trade Secrets
Working Hours
Affiliate
Associated Person
Breach of Confidence
Confidentiality Obligations
Disclosures Required by Law
Excluded Information
Material
Notice
Professional Advisers
Protected Information
Related Persons
Authorized Representatives
Business Day
Confidential Information
Control
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Party/Parties
Permitted Purpose
Permitted Recipients
Personal Data
Receiving Party
Representatives
Security Requirements
Subsidiary
Trade Secrets
Working Hours
Affiliate
Associated Person
Breach of Confidence
Confidentiality Obligations
Disclosures Required by Law
Excluded Information
Material
Notice
Professional Advisers
Protected Information
Related Persons
Clauses
Interpretation
Confidentiality Obligations
Permitted Disclosures
Protection of Confidential Information
Return or Destruction of Information
Intellectual Property Rights
Data Protection
Non-Competition
Non-Solicitation
Duration and Survival
Remedies
Indemnification
Force Majeure
Assignment and Transfer
Third Party Rights
Severability
Variation and Waiver
Entire Agreement
Notices
No Partnership or Agency
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Acknowledgments
Security Measures
Warranties and Representations
Costs
Announcements
Compliance with Laws
Confidentiality Obligations
Permitted Disclosures
Protection of Confidential Information
Return or Destruction of Information
Intellectual Property Rights
Data Protection
Non-Competition
Non-Solicitation
Duration and Survival
Remedies
Indemnification
Force Majeure
Assignment and Transfer
Third Party Rights
Severability
Variation and Waiver
Entire Agreement
Notices
No Partnership or Agency
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Acknowledgments
Security Measures
Warranties and Representations
Costs
Announcements
Compliance with Laws
Relevant Industries
Relevant Teams
Relevant Roles
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