This Mutual Non-Disclosure Non-Circumvention Agreement is designed for situations where parties need to share sensitive business information while ensuring protection of their commercial interests under Irish law. It is particularly useful in business negotiations, potential partnerships, joint ventures, or any scenario where parties need to exchange confidential information while maintaining safeguards against the other party bypassing them in business opportunities. The agreement combines traditional NDA protections with non-circumvention provisions, making it especially valuable for business relationships where parties might have access to each other's clients, suppliers, or business opportunities. It ensures compliance with Irish and EU regulations, including trade secrets protection and data privacy requirements.
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1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context of the agreement and the business relationship between the parties
3. Definitions: Definitions of key terms including Confidential Information, Trade Secrets, Permitted Purpose, and Representatives
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Non-Circumvention Obligations: Commitments not to bypass or circumvent the other party in business dealings
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Information Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Duration and Survival: Term of the agreement and provisions that survive termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved
2. Intellectual Property Rights: Additional provisions regarding IP rights when relevant to the confidential information
3. Non-Solicitation: Provisions preventing parties from soliciting each other's employees or clients
4. Competition Law Compliance: Specific provisions ensuring compliance with competition laws
5. Dispute Resolution: Alternative dispute resolution procedures such as mediation or arbitration
6. Force Majeure: Provisions for handling unforeseen circumstances preventing performance
7. Assignment and Succession: Rules regarding transfer of rights and obligations under the agreement
1. Schedule 1 - Confidential Information: Detailed description of the types of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Permitted Purpose: Detailed description of the specific business purpose for which information may be used
4. Schedule 4 - Security Protocols: Specific security measures and protocols to be followed
5. Appendix A - Notice Details: Contact information and procedures for serving notices under the agreement
Relevant legal definitions
Agreement
Affiliate
Authorized Representatives
Business Day
Business Opportunity
Business Purpose
Circumvention
Confidential Information
Contact
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Notice
Parties
Permitted Purpose
Personal Data
Receiving Party
Representatives
Restricted Period
Security Measures
Subsidiaries
Term
Third Party
Trade Secrets
Working Hours
Related Persons
Legitimate Interest
Protected Information
Proprietary Information
Business Relationship
Confidentiality Period
Disclosure Period
Material Breach
Permitted Disclosures
Affiliate
Authorized Representatives
Business Day
Business Opportunity
Business Purpose
Circumvention
Confidential Information
Contact
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Notice
Parties
Permitted Purpose
Personal Data
Receiving Party
Representatives
Restricted Period
Security Measures
Subsidiaries
Term
Third Party
Trade Secrets
Working Hours
Related Persons
Legitimate Interest
Protected Information
Proprietary Information
Business Relationship
Confidentiality Period
Disclosure Period
Material Breach
Permitted Disclosures
Clauses
Confidentiality
Non-Circumvention
Information Security
Permitted Use
Permitted Disclosure
Return of Information
Non-Solicitation
Data Protection
Intellectual Property
Term and Termination
Breach and Remedies
Indemnification
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Counterparts
Variation
Third Party Rights
Costs
Waiver
Non-Circumvention
Information Security
Permitted Use
Permitted Disclosure
Return of Information
Non-Solicitation
Data Protection
Intellectual Property
Term and Termination
Breach and Remedies
Indemnification
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Counterparts
Variation
Third Party Rights
Costs
Waiver
Relevant Industries
Technology
Financial Services
Manufacturing
Healthcare
Professional Services
Research & Development
Biotechnology
Real Estate
Energy
Telecommunications
Education
Retail
Construction
Media & Entertainment
Relevant Teams
Legal
Executive Leadership
Business Development
Research & Development
Finance
Operations
Commercial
Sales
Procurement
Innovation
Corporate Development
Mergers & Acquisitions
Strategic Planning
Information Technology
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Chief Financial Officer
Research Director
Project Manager
Chief Technology Officer
Head of Innovation
Commercial Director
Operations Manager
Partnership Manager
Investment Manager
Procurement Manager
Chief Operating Officer
Sales Director
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