Non Disclosure Non Compete Agreement for Malta

Non Disclosure Non Compete Agreement Template for Malta

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Non Disclosure Non Compete Agreement

"I need a Non Disclosure Non Compete Agreement for a new Chief Technology Officer joining my Malta-based software company in January 2025, with special focus on protecting our AI algorithms and client data, and preventing work with competitors in the EU region for 12 months post-employment."

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What is a Non Disclosure Non Compete Agreement?

This Non-Disclosure Non-Compete Agreement is designed for use in situations where a party (typically an employer or business) needs to protect both their confidential information and competitive position under Maltese law. It's particularly crucial when employees or business partners will have access to sensitive information, trade secrets, or strategic business knowledge. The document combines robust confidentiality provisions with carefully drafted non-compete restrictions that comply with Maltese and EU legal requirements, including the Employment and Industrial Relations Act and Trade Secrets Act. The agreement is essential for knowledge-intensive industries and senior positions, providing comprehensive protection while ensuring enforceability through reasonable temporal and geographical restrictions as required by Maltese courts.

What sections should be included in a Non Disclosure Non Compete Agreement?

1. Parties: Identification of the parties entering into the agreement, including their full legal names, registration numbers (if applicable), and registered addresses

2. Background: Context of the agreement, relationship between the parties, and purpose of entering into the NDA/Non-Compete

3. Definitions: Detailed definitions of key terms including Confidential Information, Trade Secrets, Competitive Activities, Territory, and Restricted Period

4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and non-disclosure of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to professional advisors or as required by law

6. Non-Compete Obligations: Specific restrictions on competitive activities, including scope, duration, and geographical limitations

7. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers

8. Return of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request

9. Duration and Survival: Term of the agreement and which provisions survive termination

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Non Disclosure Non Compete Agreement?

1. Data Protection Compliance: Specific provisions addressing GDPR compliance when personal data is involved in the confidential information

2. Assignment and Succession: Include when there's a likelihood of corporate restructuring or transfer of rights

3. Security Measures: Detailed requirements for protecting confidential information, necessary for highly sensitive information

4. Audit Rights: Rights to audit compliance with confidentiality obligations, useful for high-value trade secrets

5. Garden Leave: Provisions for paid non-compete period, typically used with senior executives

6. Training and Support Obligations: Include when knowledge transfer or training is part of the relationship

7. Insurance Requirements: Include when requiring specific insurance coverage for confidential information protection

What schedules should be included in a Non Disclosure Non Compete Agreement?

1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential

2. Schedule 2 - Restricted Territory: Detailed description or map of geographical areas covered by non-compete restrictions

3. Schedule 3 - Restricted Activities: Detailed list of prohibited competitive activities

4. Schedule 4 - Restricted Clients/Customers: List of specific clients/customers covered by non-solicitation provisions

5. Schedule 5 - Security Protocols: Specific security measures required for handling confidential information

6. Appendix A - Form of Confidentiality Undertaking: Template undertaking for employees or representatives who will access confidential information

7. Appendix B - Data Processing Requirements: Specific GDPR-compliant data processing terms if personal data is involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Pharmaceuticals

Manufacturing

Research and Development

Telecommunications

Software Development

Gaming and iGaming

Management Consulting

Biotechnology

Legal Services

Investment Banking

Insurance

Relevant Teams

Legal

Research and Development

Executive Leadership

Sales

Product Development

Information Technology

Human Resources

Business Development

Client Services

Strategy

Operations

Finance

Data Analytics

Engineering

Marketing

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Developer

Sales Director

Business Development Manager

Research Scientist

Product Manager

Financial Controller

Investment Analyst

Technical Architect

Senior Consultant

Head of Operations

Client Relationship Manager

Strategy Director

Data Scientist

Senior Account Manager

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