Bilateral Confidentiality Agreement Template for Singapore

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Key Requirements PROMPT example:

Bilateral Confidentiality Agreement

"I need a Bilateral Confidentiality Agreement under Singapore law for my technology startup to protect proprietary software development information when discussing potential partnerships with overseas investors, with specific provisions for cross-border data transfer."

What is a Bilateral Confidentiality Agreement?

The Bilateral Confidentiality Agreement is essential when two parties need to share sensitive business or technical information in Singapore. This document, governed by Singapore law, provides a legal framework for protecting confidential information exchanged during business discussions, negotiations, or collaborations. It addresses compliance with Singapore's Personal Data Protection Act and includes specific provisions for handling, storing, and returning confidential information. The agreement is particularly important in Singapore's business environment, where intellectual property protection and data privacy are strictly regulated.

What sections should be included in a Bilateral Confidentiality Agreement?

1. Parties: Identification and details of both parties entering into the agreement

2. Background: Context and purpose of the confidentiality agreement

3. Definitions: Key terms used in the agreement, particularly 'Confidential Information'

4. Scope of Confidentiality: Details of what information is considered confidential

5. Obligations of the Parties: Specific duties regarding handling of confidential information

6. Term and Termination: Duration of the agreement and termination conditions

7. Return of Confidential Information: Procedures for returning or destroying confidential information

8. Governing Law: Specification of Singapore law as governing law

What sections are optional to include in a Bilateral Confidentiality Agreement?

1. Non-Solicitation: Prevents parties from soliciting each other's employees or clients

2. Data Protection: PDPA compliance requirements and data protection obligations

3. International Transfer: Rules for transferring information across borders

4. Intellectual Property: Protection of IP rights in relation to confidential information

What schedules should be included in a Bilateral Confidentiality Agreement?

1. Schedule of Confidential Information: Detailed list of specific confidential information covered

2. Schedule of Authorized Personnel: List of individuals authorized to access confidential information

3. Schedule of Security Measures: Specific security protocols to be followed

4. Schedule of Permitted Purposes: Defined purposes for which confidential information may be used

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

Industries

Personal Data Protection Act 2012: Singapore's primary data protection legislation governing the collection, use, disclosure and care of personal data

Evidence Act: Legislation governing the admissibility of evidence in legal proceedings, including documentary evidence and confidential communications

Contracts Act (Cap. 53): Primary legislation governing contract formation, validity, and enforcement in Singapore

Official Secrets Act: Legislation protecting sensitive government information and official secrets

Competition Act: Law governing anti-competitive practices, which may affect certain confidentiality obligations

Common Law Contract Principles: Fundamental principles from case law regarding contract formation, interpretation, and enforcement

Equitable Principles of Confidentiality: Common law principles protecting confidential information and trade secrets

Breach of Confidence Doctrine: Case law principles establishing remedies for unauthorized disclosure of confidential information

Employment Act: Legislation governing employment relationships, relevant when confidentiality agreements involve employees

International Treaties: Various international agreements Singapore is party to that may affect cross-border confidentiality obligations

PDPA Cross-border Transfer Rules: Specific regulations governing the transfer of personal data outside of Singapore

Singapore Arbitration Act: Framework for arbitration proceedings, relevant for dispute resolution in confidentiality agreements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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