The Real Estate Non-Disclosure Agreement is essential for protecting confidential information in property-related transactions and matters under Irish law. It is commonly used when parties need to share sensitive information during property sales, leases, developments, or investments. This document is particularly important in Ireland's active real estate market, where protecting commercially sensitive information about properties, development plans, valuations, and transaction details is crucial. The agreement ensures compliance with Irish property law, data protection requirements, and confidentiality obligations while facilitating necessary information sharing between parties. It is designed to protect both the disclosing and receiving parties' interests while enabling due diligence and negotiations to proceed effectively.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses of the disclosing and receiving parties
2. Background: Context of the agreement, including the nature of the real estate matter and reason for information sharing
3. Definitions: Key terms including 'Confidential Information', 'Real Estate Matter', 'Permitted Purpose', 'Representatives', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the real estate context, including property details, valuations, negotiations, and business strategies
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to professional advisers and as required by law
7. Term and Survival: Duration of the confidentiality obligations and which provisions survive termination
8. Return or Destruction of Information: Requirements for handling confidential information after the purpose is complete or upon request
9. Remedies: Consequences of breach, including injunctive relief and other legal remedies
10. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific provisions addressing GDPR and Data Protection Act 2018 requirements, needed when confidential information includes personal data
2. Property Specific Provisions: Additional provisions specific to particular types of real estate (e.g., commercial, residential, development land) - include when dealing with specific property types
3. Third Party Rights: Provisions regarding the rights of third parties - include when other parties may have interests in the property or transaction
4. Non-Circumvention: Provisions preventing parties from bypassing each other in the real estate transaction - include in commercial contexts
5. Insider Trading Prevention: Special provisions needed when the real estate matter involves listed companies or REITs
6. Marketing Restrictions: Specific provisions about marketing or advertising the property - include when property is being marketed for sale/lease
1. Schedule 1 - Description of Real Estate Matter: Detailed description of the property or transaction that is subject to the NDA
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive and handle the confidential information
3. Schedule 3 - Security Measures: Specific security protocols for handling and storing confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or advisers who need access to the information
5. Appendix B - Information Handling Protocols: Detailed procedures for handling, copying, and destroying confidential information
Relevant legal definitions
Agreement
Authorized Purpose
Authorized Recipients
Business Day
Confidential Information
Data Protection Laws
Disclosing Party
Effective Date
Group
Information
Intellectual Property Rights
Notice
Parties
Permitted Purpose
Property
Real Estate Matter
Real Estate Transaction
Receiving Party
Representatives
Security Requirements
Subsidiary
Term
Third Party
Transaction
Valuation Information
Development Plans
Due Diligence Materials
Financial Information
Marketing Materials
Property Documents
Proprietary Information
Negotiations
Permitted Disclosures
Professional Advisers
Related Persons
Restricted Period
Survival Period
Working Hours
Authorized Purpose
Authorized Recipients
Business Day
Confidential Information
Data Protection Laws
Disclosing Party
Effective Date
Group
Information
Intellectual Property Rights
Notice
Parties
Permitted Purpose
Property
Real Estate Matter
Real Estate Transaction
Receiving Party
Representatives
Security Requirements
Subsidiary
Term
Third Party
Transaction
Valuation Information
Development Plans
Due Diligence Materials
Financial Information
Marketing Materials
Property Documents
Proprietary Information
Negotiations
Permitted Disclosures
Professional Advisers
Related Persons
Restricted Period
Survival Period
Working Hours
Clauses
Confidentiality
Non-Disclosure
Property Access
Information Security
Data Protection
Permitted Use
Return of Information
Destruction of Information
Term and Termination
Survival
Remedies
Indemnification
Property Rights
Intellectual Property
Non-Circumvention
Assignment
Third Party Rights
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Entire Agreement
Severability
Variation
Notices
Counterparts
Costs
Waiver
Non-Disclosure
Property Access
Information Security
Data Protection
Permitted Use
Return of Information
Destruction of Information
Term and Termination
Survival
Remedies
Indemnification
Property Rights
Intellectual Property
Non-Circumvention
Assignment
Third Party Rights
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Entire Agreement
Severability
Variation
Notices
Counterparts
Costs
Waiver
Relevant Industries
Real Estate
Construction
Property Development
Commercial Property
Residential Property
Property Investment
Banking & Finance
Insurance
Hospitality
Retail
Industrial
Healthcare
Education
Data Centers
Renewable Energy
Relevant Teams
Legal
Real Estate
Property Management
Investment
Operations
Compliance
Risk Management
Facilities
Asset Management
Acquisitions
Development
Due Diligence
Finance
Strategy
Relevant Roles
Real Estate Manager
Property Developer
Investment Director
Asset Manager
Property Valuer
Real Estate Agent
Property Lawyer
Development Manager
Acquisitions Manager
Property Portfolio Manager
Facilities Manager
Real Estate Analyst
Investment Consultant
Property Operations Manager
Compliance Officer
Legal Counsel
Transaction Manager
Due Diligence Specialist
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