This Non Disclosure Agreement (Insurance) is designed for use in the Maltese insurance market where parties need to exchange sensitive business information while maintaining strict confidentiality. The document is particularly relevant when insurance companies, brokers, or service providers need to share proprietary information, client data, underwriting details, claims information, or other confidential business information. It incorporates requirements from Malta's Insurance Business Act and Insurance Distribution Act, ensuring compliance with local regulatory requirements while protecting business interests. The agreement is structured to accommodate both domestic Maltese insurance operations and international insurance relationships, with specific provisions for data protection under GDPR as implemented in Malta. This template is suitable for various insurance business relationships, from preliminary business discussions to ongoing service arrangements.
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1. Parties: Identification of the disclosing and receiving parties, including registration details and addresses
2. Background: Context of the agreement, nature of the insurance business relationship, and purpose of information sharing
3. Definitions: Definitions of key terms including Confidential Information, Insurance Business Information, Trade Secrets, and Permitted Purpose
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the insurance context, including client data, business methods, and regulatory information
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 regulatory requirements and legal obligations
7. Data Protection Compliance: Specific obligations regarding personal data handling in compliance with Maltese Data Protection Act
8. Security Measures: Required security measures for protecting confidential information
9. Term and Survival: Duration of the agreement and survival of obligations post-termination
10. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Additional provisions for cases where disclosure to third parties (such as reinsurers or actuaries) is anticipated
2. International Transfers: Provisions for cross-border data transfers when parties operate internationally
3. Regulatory Compliance: Specific provisions for regulatory compliance when dealing with regulated insurance entities
4. Intellectual Property Rights: Additional provisions when confidential information includes intellectual property
5. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the business relationship
6. Insurance Portfolio Protection: Specific provisions for protecting insurance portfolio information and client lists
7. Group Company Provisions: Additional provisions when either party is part of a larger corporate group
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Approved Third Party Recipients: List of pre-approved third parties who may receive confidential information
5. Appendix A - Data Processing Requirements: Specific requirements for processing personal data under Maltese law
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