This Non Disclosure Agreement (NDA) template is designed for use under Irish law when parties need to share confidential or proprietary information while maintaining its secrecy and protecting their business interests. The document is particularly relevant for business negotiations, potential partnerships, employment relationships, and commercial transactions where sensitive information needs to be disclosed. It incorporates key requirements under Irish legislation, including the Data Protection Act 2018, the European Union (Protection of Trade Secrets) Regulations 2018, and relevant common law principles. The agreement can be customized for either mutual or one-way confidentiality obligations and includes specific provisions for handling personal data in compliance with GDPR requirements.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company numbers
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors
6. Term and Survival: Duration of the agreement and provisions that survive termination
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
8. Data Protection: Compliance with GDPR and Data Protection Act 2018
9. General Provisions: Standard boilerplate including governing law, jurisdiction, entire agreement
10. Execution: Signature blocks and execution provisions
1. Intellectual Property Rights: Section addressing ownership and protection of IP rights when confidential information includes IP
2. Security Measures: Specific security protocols required for handling particularly sensitive information
3. Competition Law Compliance: Required when parties are competitors or in regulated industries
4. Representatives and Professional Advisers: Detailed section when multiple parties need access to information
5. Remedies and Indemnification: Enhanced remedies section for high-value or highly sensitive information
6. Non-Solicitation: Additional protections against poaching employees or clients
7. Export Control: Required when confidential information may be subject to export control regulations
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement
2. Schedule 2 - Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information
4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for representatives or third parties
Relevant legal definitions
Confidential Information
Affiliate
Agreement
Authorized Recipients
Business Day
Business Purpose
Confidentiality Period
Data Protection Laws
Disclosing Party
Effective Date
GDPR
Group
Intellectual Property Rights
Material
Permitted Purpose
Personal Data
Personnel
Professional Advisers
Receiving Party
Representatives
Residual Information
Subsidiary
Term
Trade Secret
Working Hours
Affiliate
Agreement
Authorized Recipients
Business Day
Business Purpose
Confidentiality Period
Data Protection Laws
Disclosing Party
Effective Date
GDPR
Group
Intellectual Property Rights
Material
Permitted Purpose
Personal Data
Personnel
Professional Advisers
Receiving Party
Representatives
Residual Information
Subsidiary
Term
Trade Secret
Working Hours
Clauses
Confidentiality
Data Protection
Permitted Use
Return of Information
Non-Disclosure
Security Measures
Term and Termination
Permitted Disclosures
Intellectual Property
Trade Secrets
Remedies
Indemnification
Governing Law
Jurisdiction
Notice
Assignment
Severability
Entire Agreement
Variation
Waiver
Force Majeure
Third Party Rights
Counterparts
Survival
Data Protection
Permitted Use
Return of Information
Non-Disclosure
Security Measures
Term and Termination
Permitted Disclosures
Intellectual Property
Trade Secrets
Remedies
Indemnification
Governing Law
Jurisdiction
Notice
Assignment
Severability
Entire Agreement
Variation
Waiver
Force Majeure
Third Party Rights
Counterparts
Survival
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Pharmaceuticals
Biotechnology
Real Estate
Retail
Energy
Telecommunications
Media and Entertainment
Education
Research and Development
Construction
Legal Services
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research and Development
Information Technology
Finance
Operations
Procurement
Sales
Compliance
Risk Management
Innovation
Corporate Development
Mergers and Acquisitions
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Business Development Manager
Human Resources Director
Chief Technology Officer
Project Manager
Research Director
Investment Manager
Procurement Manager
Sales Director
Chief Financial Officer
Operations Manager
Compliance Officer
Risk Manager
Innovation Director
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