Reciprocal Confidentiality Agreement for the United Kingdom

Reciprocal Confidentiality Agreement Template for England and Wales

A bilateral agreement governed by English and Welsh law that establishes mutual obligations between parties to protect confidential information exchanged during business discussions or transactions. It ensures that sensitive information shared by either party remains confidential and can only be used for specified purposes. The agreement includes provisions for data protection, intellectual property rights, and remedies for breach of confidentiality obligations.

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What is a Reciprocal Confidentiality Agreement?

This Reciprocal Confidentiality Agreement is designed for situations where two parties need to share sensitive information while exploring potential business opportunities or conducting due diligence. It provides a framework under English and Welsh law for protecting confidential information exchanged between parties, including trade secrets, business plans, technical data, and other proprietary information. The agreement ensures that both parties have equivalent obligations and protections, making it particularly suitable for negotiations between entities of similar standing.

What sections should be included in a Reciprocal Confidentiality Agreement?

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including definition of Confidential Information

4. Obligations of Confidentiality: Core obligations regarding use and protection of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed

6. Term and Termination: Duration of the agreement and termination provisions

7. Return or Destruction of Confidential Information: Obligations regarding confidential information upon termination

8. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

What sections are optional to include in a Reciprocal Confidentiality Agreement?

1. Data Protection: GDPR compliance provisions for handling personal data

2. International Transfers: Provisions governing cross-border transfers of confidential information

3. Intellectual Property Rights: Protection of IP rights in shared information and related provisions

4. Non-Solicitation: Restrictions on hiring other party's employees or engaging with their business contacts

5. Warranties and Indemnities: Additional protections, representations and obligations between parties

What schedules should be included in a Reciprocal Confidentiality Agreement?

1. Schedule of Authorised Recipients: List of individuals or roles authorized to receive confidential information

2. Schedule of Specific Confidential Information: Detailed categorization and list of confidential information covered by the agreement

3. Data Processing Schedule: Details of data processing activities and compliance requirements for personal data

4. Security Requirements Schedule: Specific security measures and protocols required for protecting 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 Reciprocal Confidentiality Agreement?

What sections should be included in a Reciprocal Confidentiality Agreement?

What sections are optional to include in a Reciprocal Confidentiality Agreement?

What schedules should be included in a Reciprocal Confidentiality Agreement?

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Alex Denne

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