This Simple Non-Disclosure Agreement is designed for use under Maltese law when parties need to share confidential information while ensuring legal protection. It's particularly relevant for businesses operating in Malta or entities engaging with Maltese companies, incorporating compliance requirements from both Maltese legislation and EU regulations, including GDPR and the Trade Secrets Act. The document is commonly used during business negotiations, potential partnerships, employment relationships, or when engaging contractors. It provides a framework for defining confidential information, establishing clear obligations for information handling, and setting out consequences for breaches. The agreement's structure allows for easy customization while maintaining enforceability under Maltese jurisdiction, making it suitable for both domestic and international business relationships where Maltese law governs.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, registration numbers (if applicable), and registered addresses
2. Background: Context of the agreement and the relationship between the parties, explaining why confidential information needs to be shared
3. Definitions: Key terms used in the agreement, particularly defining 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Security Measures: Required measures to protect confidential information from unauthorized access or disclosure
7. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration: Term of the confidentiality obligations and survival of obligations after termination
9. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
10. Execution: Signature blocks and execution details
1. Data Protection: Additional provisions for compliance with GDPR and Maltese Data Protection Act when personal data is involved
2. Intellectual Property: Clarification of IP ownership and rights when confidential information includes IP-sensitive material
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Remedies: Specific remedies for breach, including injunctive relief and liquidated damages
5. Assignment: Rights and restrictions regarding the assignment of the agreement to third parties
6. Prior Agreements: Relationship with any existing confidentiality obligations between the parties
1. Schedule 1 - Specific Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
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