This Non Disclosure Agreement Data Protection template is designed for use in Ireland where parties need to share both confidential business information and personal data in compliance with GDPR and Irish data protection law. It is particularly relevant when one party will be processing personal data on behalf of another, requiring both traditional confidentiality provisions and specific data protection obligations. The document addresses requirements under the Irish Data Protection Act 2018, GDPR, and Irish contract law, making it suitable for both domestic and EU-wide business relationships. It includes comprehensive provisions for data security, breach reporting, and data subject rights, while also protecting trade secrets and proprietary information. This template is essential for businesses operating in Ireland that need to ensure their data sharing arrangements are compliant with both confidentiality and data protection requirements.
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1. Parties: Identification of the parties entering into the agreement, including registered addresses and company numbers
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Data Protection Laws, Security Measures
4. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
5. Data Protection Compliance: GDPR compliance requirements, roles of parties (controller/processor), and data protection principles
6. Security Measures: Required technical and organizational measures to protect confidential information and personal data
7. Duration and Survival: Term of the agreement and provisions that survive termination
8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information and personal data
9. Breach Notification: Procedures for reporting breaches of confidentiality or personal data breaches
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. International Transfers: Required when confidential information or personal data may be transferred outside the EEA
2. Employee and Representative Obligations: Used when specific requirements for employees or representatives accessing the information need to be detailed
3. Audit Rights: Include when one party requires rights to audit the other's compliance with the agreement
4. Subprocessing: Required when the receiving party may need to share information with subcontractors
5. Intellectual Property Rights: Include when confidential information includes IP that needs specific protection
6. Competition Restrictions: Used when the confidential information relates to competitive activities
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Permitted Purpose: Detailed description of the authorized purposes for which confidential information may be used
3. Schedule 3 - Security Measures: Technical and organizational security measures to be implemented
4. Schedule 4 - Data Processing Details: Details of personal data processing including categories of data, subjects, and processing activities
5. Appendix A - Authorized Representatives: List of individuals authorized to receive and handle confidential information
6. Appendix B - Standard Contractual Clauses: EU Standard Contractual Clauses for international transfers, if applicable
Relevant legal definitions
Affiliate
Agreement
Authorised Recipients
Business Purpose
Confidential Information
Controller
Data Protection Laws
Data Subject
Data Subject Rights
Disclosing Party
EEA
Effective Date
GDPR
Group
Information Security Incident
Irish Data Protection Act
Personal Data
Personal Data Breach
Personnel
Process/Processing
Processor
Receiving Party
Representatives
Restricted Transfer
Security Measures
Special Categories of Personal Data
Standard Contractual Clauses
Subprocessor
Term
Third Party
Trade Secrets
Agreement
Authorised Recipients
Business Purpose
Confidential Information
Controller
Data Protection Laws
Data Subject
Data Subject Rights
Disclosing Party
EEA
Effective Date
GDPR
Group
Information Security Incident
Irish Data Protection Act
Personal Data
Personal Data Breach
Personnel
Process/Processing
Processor
Receiving Party
Representatives
Restricted Transfer
Security Measures
Special Categories of Personal Data
Standard Contractual Clauses
Subprocessor
Term
Third Party
Trade Secrets
Clauses
Confidentiality
Data Protection
Security
Breach Notification
Liability
Indemnification
Duration
Termination
Survival
Return or Destruction
Assignment
Third Party Rights
Severability
Entire Agreement
Governing Law
Jurisdiction
Force Majeure
Notices
Variation
Waiver
Data Transfer
Audit Rights
Subcontracting
Personnel Obligations
Intellectual Property
Dispute Resolution
Remedies
Data Protection
Security
Breach Notification
Liability
Indemnification
Duration
Termination
Survival
Return or Destruction
Assignment
Third Party Rights
Severability
Entire Agreement
Governing Law
Jurisdiction
Force Majeure
Notices
Variation
Waiver
Data Transfer
Audit Rights
Subcontracting
Personnel Obligations
Intellectual Property
Dispute Resolution
Remedies
Relevant Industries
Technology
Healthcare
Financial Services
Professional Services
Education
Research & Development
Pharmaceutical
Insurance
Telecommunications
Legal Services
Cloud Computing
Digital Marketing
Banking
Consulting
Relevant Teams
Legal
Compliance
Information Security
IT
Data Protection
Risk Management
Operations
Procurement
Business Development
Executive Leadership
Information Governance
Privacy
Relevant Roles
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Privacy Manager
Contract Manager
Risk Manager
Chief Information Security Officer
Operations Director
Project Manager
Business Development Manager
Chief Executive Officer
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