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Confidentiality Agreement

Confidentiality Agreement Template for Ireland

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Key Requirements PROMPT example:

Confidentiality Agreement

I need a Confidentiality Agreement governed by Irish law for a technology startup sharing sensitive product development information with a potential investor, with specific provisions for protecting software source code and AI algorithms.

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Document background
This Confidentiality Agreement template is designed for use under Irish law when parties need to share sensitive business or technical information while ensuring legal protection. It's commonly used before business negotiations, during due diligence processes, in employment contexts, or when engaging contractors or consultants. The agreement incorporates key requirements under Irish law, including compliance with the Data Protection Act 2018, the European Union (Protection of Trade Secrets) Regulations 2018, and relevant Irish contract law principles. It provides flexible yet robust protection for confidential information, with options to adapt to specific business needs while maintaining enforceability under Irish jurisdiction.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties with full legal names and addresses

2. Background: Context of the agreement, including the purpose for sharing confidential information

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', and 'Confidential Period'

4. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care

5. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized recipients

6. Exclusions: Standard exclusions from confidentiality obligations (public domain, independently developed information, etc.)

7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

8. Term and Survival: Duration of the agreement and which provisions survive termination

9. Remedies: Available remedies in case of breach, including injunctive relief

10. General Provisions: Standard boilerplate including governing law, jurisdiction, and entire agreement

11. Execution: Signature blocks and execution provisions

Optional Sections

1. Data Protection: Required when confidential information includes personal data subject to GDPR

2. Group Companies: Used when either party needs to share information with or through affiliated companies

3. Specific Industry Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)

4. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship

5. Assignment and Subcontracting: Include when parties need flexibility to transfer rights or use subcontractors

6. Announcements and Publicity: Controls on public statements about the business relationship

7. Security Requirements: Specific technical or organizational measures required for protecting confidential information

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed description or categories of confidential information covered

2. Schedule 2 - Authorized Recipients: List of specific individuals or roles authorized to receive confidential information

3. Schedule 3 - Security Measures: Optional detailed technical and organizational security measures required

4. Appendix 1 - Form of Adherence Agreement: Template for authorized recipients to acknowledge confidentiality obligations

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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alex.den.21@genieai.co
Relevant Industries

Technology

Pharmaceutical

Financial Services

Professional Services

Manufacturing

Healthcare

Biotechnology

Research and Development

Media and Entertainment

Telecommunications

Real Estate

Energy

Consumer Goods

Education

Construction

Relevant Teams

Legal

Human Resources

Finance

Research and Development

Information Technology

Business Development

Operations

Procurement

Compliance

Risk Management

Corporate Development

Innovation

Investment

Commercial

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

General Counsel

Legal Counsel

Human Resources Director

HR Manager

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Investment Manager

Procurement Manager

Operations Director

Company Secretary

Risk Manager

Compliance Officer

Innovation Director

Commercial Director

Consultant

Industries
General Data Protection Regulation (GDPR) as implemented through the Data Protection Act 2018: Regulates the processing of personal data and implements GDPR in Irish law. Essential for confidentiality agreements that may involve personal data.
European Union (Protection of Trade Secrets) Regulations 2018: Implements EU Trade Secrets Directive in Ireland, providing legal framework for protecting confidential business information and trade secrets.
Freedom of Information Act 2014: May impact confidentiality agreements involving public bodies or public interest information.
Electronic Commerce Act 2000: Relevant for electronic execution of confidentiality agreements and protection of electronic information.
Criminal Justice (Theft and Fraud Offences) Act 2001: Contains provisions relating to theft of trade secrets and confidential information.
Common Law of Contract: Governs the formation and enforcement of contracts, including confidentiality agreements, under Irish law.
Employment Equality Acts 1998-2015: Relevant when confidentiality agreements are part of employment relationships or contain provisions affecting employment terms.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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