This Non-Disclosure Agreement Form is essential for businesses and individuals operating under Maltese jurisdiction who need to protect sensitive information during commercial relationships, negotiations, or employment arrangements. The document is specifically designed to comply with Maltese legal requirements while incorporating European Union standards, particularly the GDPR and Trade Secrets Directive. It is commonly used before entering into detailed business discussions, during due diligence processes, in employment contexts, or when engaging with contractors and service providers. The agreement defines what constitutes confidential information, sets out clear obligations for information handling, and includes enforcement mechanisms under Maltese law. This template is regularly updated to reflect changes in both local and EU legislation, ensuring comprehensive protection for all parties involved.
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1. Parties: Identifies and provides full details of all parties entering into the agreement, including registered addresses and company registration numbers where applicable
2. Background: Sets out the context and purpose of the agreement, including the nature of the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core section detailing the obligations to maintain confidentiality, including specific restrictions on use and disclosure
5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including to employees, professional advisers, or as required by law
6. Security Measures: Outlines required measures for protecting and securing confidential information
7. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
8. Duration and Survival: Specifies the term of the agreement and which obligations survive termination
9. Breach and Remedies: Details consequences of breach and available remedies, including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation
1. Data Protection Compliance: Detailed section on GDPR and local data protection compliance, required when personal data is involved
2. Third Party Rights: Section needed when confidential information belongs to or affects third parties
3. Special Categories of Information: Additional provisions for particularly sensitive information like trade secrets or intellectual property
4. Cross-Border Transfers: Required when confidential information may be transferred outside Malta or the EU
5. Competitive Restrictions: Non-compete or non-solicitation provisions, if relevant to the business relationship
6. Multiparty Provisions: Additional provisions for agreements involving more than two parties
7. Force Majeure: Provisions for handling confidentiality obligations during extraordinary circumstances
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational measures required for protecting confidential information
4. Appendix A - Data Processing Terms: Required when the agreement involves personal data processing, ensuring GDPR compliance
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