A Release of Confidentiality Form is a crucial legal document used when parties need to formally terminate or modify existing confidentiality obligations. This document is particularly relevant in scenarios such as employee departures, completion of business projects, or when confidential information becomes public knowledge. Under Irish law, the form must carefully balance the release of confidentiality obligations with ongoing data protection requirements under GDPR and the Data Protection Act 2018. It typically includes specific details about the original confidentiality agreement, the scope of information being released, and any continuing obligations. The document is essential for risk management and legal compliance, especially in business transactions where confidential information was previously shared.
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1. Parties: Identification of the party releasing confidentiality obligations (Releasor) and the party being released (Releasee)
2. Background: Context of the original confidentiality obligations and reason for the release
3. Definitions: Key terms including 'Confidential Information', 'Effective Date', 'Original Agreement', and other relevant defined terms
4. Release and Discharge: Core provision releasing the specified party from confidentiality obligations
5. Scope of Release: Detailed description of what information is covered by the release
6. Surviving Obligations: Any confidentiality obligations that will continue after this release
7. Data Protection: Provisions addressing handling of personal data under GDPR and Data Protection Act 2018
8. Governing Law and Jurisdiction: Specification of Irish law as governing law and Irish courts' jurisdiction
9. Execution: Signature blocks and execution provisions
1. Partial Release: Used when only certain aspects of confidentiality obligations are being released while others remain in force
2. Consideration: Include when there is payment or other consideration for the release
3. Third Party Rights: Required when the release affects rights of third parties or group companies
4. Non-Disparagement: Optional clause preventing parties from making negative statements about each other
5. Return of Confidential Materials: Include when physical or electronic materials need to be returned or destroyed
6. Warranties and Representations: Used when specific assurances about the confidential information are required
7. Time-Limited Release: Include when the release is temporary or has a specific duration
1. Schedule 1 - Original Confidentiality Agreement: Copy or details of the original confidentiality agreement being released
2. Schedule 2 - Specified Confidential Information: Detailed list or description of the confidential information covered by the release
3. Schedule 3 - Excluded Information: List of any confidential information explicitly excluded from the release
4. Appendix A - Data Processing Details: Required when personal data is involved, detailing data protection arrangements
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