The Non-Solicitation Non-Disclosure Agreement is essential in today's competitive business environment, particularly under Malta's legal framework which aligns with EU regulations. This document is typically used when parties need to share sensitive information while ensuring protection against both unauthorized disclosure and potential poaching of employees or clients. It's particularly relevant in Malta's growing sectors such as financial services, gaming, and technology, where intellectual property and human capital are critical assets. The agreement combines confidentiality obligations with specific restrictions on soliciting employees, clients, or business relationships, adhering to both Maltese and EU legal requirements including the Data Protection Act, Commercial Code, and GDPR. It's commonly used in business partnerships, employment relationships, consulting arrangements, and corporate transactions where protection of confidential information and business relationships is paramount.
Non Solicitation Non Disclosure Agreement for Malta
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Key Requirements PROMPT example:
Non Solicitation Non Disclosure Agreement
"I need a Non-Solicitation Non-Disclosure Agreement under Maltese law for a potential merger discussion between my tech company and a competitor, with special focus on protecting our source code and preventing the poaching of our development team during and for 18 months after the discussions."
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1. Parties: Identification of all parties to the agreement, including their full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, relationship between the parties, and purpose of entering into the agreement
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Prohibited Solicitation', and other relevant terms
4. Confidentiality Obligations: Core confidentiality provisions, including scope of confidential information, duty of care, and permitted uses
5. Non-Solicitation Provisions: Detailed restrictions on solicitation of employees, customers, and business relationships
6. Duration and Survival: Term of the agreement and which provisions survive termination
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Security Measures: Required security measures for protecting confidential information
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 GDPR and local data protection compliance measures, required when personal data is involved
2. Intellectual Property Rights: Additional provisions regarding IP ownership and licenses, needed when IP is part of the confidential information
3. Assignment and Succession: Rules for transferring rights under the agreement, important for corporate restructuring
4. Audit Rights: Rights to audit compliance with the agreement, useful for high-security requirements
5. Third Party Rights: Provisions regarding rights of third parties, relevant when third party information is involved
6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value information
7. Force Majeure: Provisions for unforeseen circumstances, optional but recommended for long-term agreements
1. Schedule 1 - Specified Confidential Information: Detailed list of specific information considered confidential
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
4. Schedule 4 - Restricted Entities: List of specific entities covered by non-solicitation provisions
5. Appendix A - Data Processing Requirements: GDPR-compliant data processing terms if personal data is involved
6. Appendix B - Notice Requirements: Contact details and procedures for serving notices under the agreement
Authors
Relevant legal definitions
Affiliate
Agreement
Authorized Purpose
Authorized Recipients
Business Day
Business Relationship
Confidential Information
Customer
Data Protection Laws
Disclosing Party
Effective Date
Employee
Group
Intellectual Property Rights
Notice
Parties
Personal Data
Prohibited Period
Protected Business
Receiving Party
Representatives
Restricted Business
Restricted Person
Security Requirements
Solicitation
Subsidiary
Term
Territory
Trade Secrets
Unauthorized Disclosure
Agreement
Authorized Purpose
Authorized Recipients
Business Day
Business Relationship
Confidential Information
Customer
Data Protection Laws
Disclosing Party
Effective Date
Employee
Group
Intellectual Property Rights
Notice
Parties
Personal Data
Prohibited Period
Protected Business
Receiving Party
Representatives
Restricted Business
Restricted Person
Security Requirements
Solicitation
Subsidiary
Term
Territory
Trade Secrets
Unauthorized Disclosure
Clauses
Confidentiality
Non-Solicitation
Data Protection
Term and Termination
Return of Information
Security Measures
Permitted Disclosures
Non-Circumvention
Remedies
Injunctive Relief
Intellectual Property
Warranties and Representations
Indemnification
Force Majeure
Assignment
Severability
Governing Law
Jurisdiction
Notices
Entire Agreement
Amendment
Waiver
Third Party Rights
Costs
Counterparts
Survival
Non-Solicitation
Data Protection
Term and Termination
Return of Information
Security Measures
Permitted Disclosures
Non-Circumvention
Remedies
Injunctive Relief
Intellectual Property
Warranties and Representations
Indemnification
Force Majeure
Assignment
Severability
Governing Law
Jurisdiction
Notices
Entire Agreement
Amendment
Waiver
Third Party Rights
Costs
Counterparts
Survival
Relevant Industries
Financial Services
Information Technology
Gaming and iGaming
Professional Services
Healthcare
Manufacturing
Maritime
Telecommunications
Pharmaceutical
Management Consulting
Legal Services
Real Estate
Banking
Insurance
Software Development
Relevant Teams
Legal
Human Resources
Executive Leadership
Information Technology
Research and Development
Business Development
Sales
Operations
Finance
Compliance
Procurement
Information Security
Strategic Partnerships
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Business Development Manager
Project Manager
Chief Technology Officer
Senior Software Developer
Financial Controller
Operations Director
Compliance Officer
Sales Director
Research and Development Manager
Product Manager
Chief Financial Officer
Information Security Officer
Procurement Manager
Strategic Partnership Manager
Department Head
Senior Consultant
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