NDA And Non Circumvention Agreement Template for Ireland

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Key Requirements PROMPT example:

NDA And Non Circumvention Agreement

"I need an NDA and Non-Circumvention Agreement under Irish law for a potential technology partnership with a US software company, where we'll be sharing AI algorithms and client lists starting March 2025, with special attention to GDPR compliance and protection of our European business relationships."

Document background

The NDA and Non-Circumvention Agreement is essential in today's competitive business environment where protecting both confidential information and business relationships is crucial. This document is particularly relevant when parties are entering into business discussions, negotiations, or partnerships where sensitive information will be shared and there's a need to prevent parties from bypassing each other to directly approach disclosed business contacts or opportunities. Under Irish law, this agreement combines standard NDA protections with specific non-circumvention provisions, making it suitable for various commercial contexts including business development, joint ventures, investment discussions, and strategic partnerships. The agreement ensures compliance with Irish and EU regulations, including trade secrets protection and competition law, while providing clear mechanisms for enforcement and remedies in case of breach.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including registered addresses and company numbers where applicable

2. Background: Context of the agreement, business relationship, and purpose of sharing confidential information

3. Definitions: Detailed definitions of key terms including Confidential Information, Trade Secrets, Permitted Purpose, Representatives, etc.

4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

5. Non-Circumvention Obligations: Obligations preventing parties from bypassing each other in business dealings or directly approaching disclosed contacts

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. 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 or request

9. Duration and Survival: Term of the agreement and which obligations survive termination

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation

Optional Sections

1. Data Protection: Specific provisions for handling personal data under GDPR - include when confidential information includes personal data

2. Intellectual Property Rights: Provisions clarifying ownership and protection of IP - include when confidential information includes IP

3. Non-Solicitation: Preventing poaching of employees or clients - include when parties have access to each other's human resources or client information

4. Assignment and Subcontracting: Rules for transferring rights/obligations - include for complex commercial relationships

5. Third Party Rights: Rights of third parties under the agreement - include when third party interests need protection

6. Force Majeure: Provisions for unforeseeable circumstances - include for long-term agreements

7. Insurance Requirements: Specific insurance obligations - include for high-value or high-risk information sharing

8. Dispute Resolution: Alternative dispute resolution procedures - include for international agreements or when preferred to court proceedings

Suggested Schedules

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

2. Schedule 2 - Permitted Purpose: Detailed description of the permitted use of confidential information

3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

4. Schedule 4 - Security Protocols: Specific security measures and protocols required for handling confidential information

5. Schedule 5 - Protected Business Relationships: List of business relationships, contacts, or opportunities protected by non-circumvention provisions

6. Appendix A - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Healthcare

Biotechnology

Software Development

Telecommunications

Research and Development

Consulting

Real Estate

Energy

Media and Entertainment

Retail

Education

Pharmaceutical

Relevant Teams

Legal

Business Development

Executive Leadership

Research and Development

Corporate Development

Operations

Finance

Information Technology

Human Resources

Procurement

Sales

Innovation

Strategy

Investment

Compliance

Relevant Roles

Chief Executive Officer

Business Development Manager

Legal Counsel

Chief Financial Officer

Investment Manager

Project Manager

Research Director

Chief Technology Officer

Commercial Director

Operations Manager

Partnership Manager

Intellectual Property Manager

Innovation Director

Strategic Alliance Manager

Corporate Development Executive

Procurement Manager

Sales Director

Venture Capital Associate

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Authors

Alex Denne

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