The International NDA Agreement is essential for businesses engaging in cross-border commercial relationships where sensitive information needs to be shared. This document is particularly relevant when Irish companies engage with international partners, or when parties choose Irish law as a neutral governing law. It provides comprehensive protection for confidential information, trade secrets, and intellectual property while ensuring compliance with Irish law, EU regulations (particularly GDPR), and international best practices. The agreement is structured to be enforceable across multiple jurisdictions and includes specific provisions for data transfer, security measures, and breach remedies. It's commonly used in international business negotiations, joint ventures, potential mergers and acquisitions, and technology licensing discussions.
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1. Parties: Identification of all parties to the agreement, including registered addresses and company numbers
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Detailed definitions of key terms, including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Data Protection Compliance: Provisions ensuring compliance with GDPR and Irish Data Protection Act
8. Security Measures: Required security measures for protecting confidential information
9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination or request
10. Duration and Survival: Term of the agreement and provisions that survive termination
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation
1. Third Party Rights: Required when third parties may have rights under the agreement or when explicitly excluding third party rights
2. Reverse Engineering Prohibition: Include when protecting technical information or trade secrets that could be reverse engineered
3. Competing Projects: Include when parties may be working on similar projects or in competing markets
4. Export Control: Required when confidential information may be subject to international export control regulations
5. Personal Data Processing: Detailed section required when significant personal data processing is involved
6. Non-Solicitation: Include when there's a risk of staff poaching between parties
7. Publicity and Announcements: Include when controlling public statements about the relationship is important
8. Insurance Requirements: Include when requiring specific insurance coverage for confidential information protection
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for information protection
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of confidential information
5. Appendix A - Data Processing Requirements: Specific requirements for processing personal data under GDPR
6. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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