The Business Disclosure Agreement serves as a critical legal instrument under Irish law for protecting confidential information shared between parties during business discussions, negotiations, or collaborative ventures. This document is essential when parties need to exchange sensitive information such as trade secrets, technical specifications, customer data, or business strategies while ensuring legal protection. It incorporates provisions compliant with Irish contract law, EU GDPR requirements, and the European Union (Protection of Trade Secrets) Regulations 2018. The agreement is commonly used before entering into detailed business discussions, during due diligence processes, or when engaging with service providers who will have access to confidential information. It establishes clear obligations for information handling, security measures, and consequences of breach, while addressing specific Irish and EU regulatory requirements.
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1. Parties: Identifies and defines the parties to the agreement, including their registered addresses and company numbers
2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines key terms used throughout the agreement, particularly '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. Data Protection: Provisions ensuring compliance with GDPR and Irish Data Protection Act 2018
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination
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 boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes patents, trademarks, or trade secrets
2. Non-Competition: Restrictions on competitive activities, used when sharing sensitive business information
3. Non-Solicitation: Prevents poaching of employees or customers, relevant when sharing personnel or customer information
4. Reverse Engineering: Prohibitions on reverse engineering products or technologies, important for technical disclosures
5. Export Control: Compliance with export control laws, necessary when dealing with regulated technologies or international transfers
6. Assignment and Subcontracting: Rules for transferring rights or obligations, important for corporate restructuring scenarios
7. Publicity: Restrictions on public announcements about the business relationship
1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the specific business purpose for which confidential information may be used
5. Appendix A - Data Processing Terms: Additional terms for GDPR compliance when personal data is involved
6. Appendix B - Information Return/Destruction Procedures: Detailed procedures for returning or destroying confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Research & Development
Biotechnology
Telecommunications
Energy
Real Estate
Education
Retail
Media & Entertainment
Pharmaceuticals
Construction
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Information Technology
Human Resources
Finance
Operations
Procurement
Compliance
Information Security
Data Protection
Corporate Strategy
Product Development
Mergers and Acquisitions
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Chief Financial Officer
Operations Director
Procurement Manager
Human Resources Director
Innovation Manager
Strategic Partnership Director
Investment Manager
Commercial Director
Information Security Officer
Data Protection Officer
Compliance Manager
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