This Confidentiality Agreement template is designed for use under Irish law when parties need to share sensitive business or technical information while ensuring legal protection. It's commonly used before business negotiations, during due diligence processes, in employment contexts, or when engaging contractors or consultants. The agreement incorporates key requirements under Irish law, including compliance with the Data Protection Act 2018, the European Union (Protection of Trade Secrets) Regulations 2018, and relevant Irish contract law principles. It provides flexible yet robust protection for confidential information, with options to adapt to specific business needs while maintaining enforceability under Irish jurisdiction.
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1. Parties: Identification of the disclosing and receiving parties with full legal names and addresses
2. Background: Context of the agreement, including the purpose for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', and 'Confidential Period'
4. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care
5. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized recipients
6. Exclusions: Standard exclusions from confidentiality obligations (public domain, independently developed information, etc.)
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Term and Survival: Duration of the agreement and which provisions survive termination
9. Remedies: Available remedies in case of breach, including injunctive relief
10. General Provisions: Standard boilerplate including governing law, jurisdiction, and entire agreement
11. Execution: Signature blocks and execution provisions
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Group Companies: Used when either party needs to share information with or through affiliated companies
3. Specific Industry Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)
4. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
5. Assignment and Subcontracting: Include when parties need flexibility to transfer rights or use subcontractors
6. Announcements and Publicity: Controls on public statements about the business relationship
7. Security Requirements: Specific technical or organizational measures required for protecting confidential information
1. Schedule 1 - Confidential Information: Detailed description or categories of confidential information covered
2. Schedule 2 - Authorized Recipients: List of specific individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Measures: Optional detailed technical and organizational security measures required
4. Appendix 1 - Form of Adherence Agreement: Template for authorized recipients to acknowledge confidentiality obligations
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