This Bilateral NDA template is specifically designed for use under Maltese law, catering to businesses and organizations needing to protect confidential information during commercial discussions, negotiations, or collaborative ventures. The document is particularly relevant for companies operating in or through Malta, ensuring compliance with both local legislation (including the Professional Secrecy Act and Trade Secrets Act) and EU regulations such as GDPR. It provides comprehensive protection for various types of confidential information, including trade secrets, business plans, technical data, and personal data. The agreement is structured to be robust and enforceable under Maltese jurisdiction while remaining flexible enough to accommodate specific business requirements. This template is essential for any situation where two parties need to share sensitive information while maintaining strict confidentiality and legal protection.
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1. Parties: Identification of both parties entering into the NDA, including full legal names, registration numbers, and registered addresses
2. Background: Brief context explaining why the NDA is being entered into and the purpose of sharing confidential information
3. Definitions: Key terms used in the agreement, particularly 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions
4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted use of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Security Measures: Specific measures required to protect confidential information, including physical, electronic, and procedural safeguards
7. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection Compliance: Specific provisions for GDPR and Maltese Data Protection Act compliance, required when personal data is involved
2. Intellectual Property Rights: Clarification of IP ownership and rights, particularly relevant when shared information includes IP
3. Non-Solicitation: Prevents parties from soliciting each other's employees or clients, useful in competitive business contexts
4. Reverse Engineering Prohibition: Specifically prohibits reverse engineering of any products or technology, important for technical information
5. Export Control: Required when confidential information may be subject to export control regulations
6. Competitive Restrictions: Additional restrictions on competitive activities, used when sharing particularly sensitive business information
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed when handling confidential information
4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge their confidentiality obligations
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