This Confidentiality Agreement (CDA) template is designed for use under Maltese law when parties need to share sensitive business information while ensuring legal protection. The document is particularly relevant for businesses operating in or through Malta, whether in financial services, gaming, technology, or other sectors. The CDA includes comprehensive confidentiality provisions compliant with both Maltese law and EU regulations, particularly the Trade Secrets Act (Chapter 589) and GDPR where applicable. It's suitable for various business contexts including mergers and acquisitions, joint ventures, service provider relationships, and consulting arrangements. The agreement can be customized to address specific types of confidential information, including technical data, business plans, customer information, and proprietary technology.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company registration 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', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and survival of obligations after termination
9. No Grant of Rights: Clarification that no intellectual property rights are transferred
10. Remedies: Available remedies in case of breach, including injunctive relief
11. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
1. Data Protection: Additional section when personal data will be shared, ensuring GDPR compliance
2. Affiliate Rights: Include when either party's affiliates will receive or handle confidential information
3. Export Control: Required when confidential information may be subject to export control regulations
4. Non-Solicitation: Optional clause preventing solicitation of employees, useful in business contexts
5. Residual Knowledge: Optional clause addressing use of retained knowledge, often requested by receiving parties
6. Prior Disclosure: Include when parties have already shared confidential information before the agreement date
7. Assignment: Include when transfer rights need to be specifically addressed
8. Reverse Engineering: Include specific prohibitions on reverse engineering when relevant to the shared information
1. Schedule 1 - Specific Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive and handle confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting the confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by representatives
5. Appendix B - Data Processing Terms: Detailed data processing terms when personal data is involved (GDPR compliance)
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