A Disclosure Agreement is essential when parties need to share sensitive or confidential information while maintaining its secrecy and establishing clear usage parameters. This document, governed by Irish law, is typically used before or during business negotiations, potential investments, partnerships, or service engagements where proprietary information, trade secrets, or sensitive data needs protection. The agreement ensures compliance with Irish and EU regulations, including the GDPR and Trade Secrets regulations, while establishing clear obligations for handling confidential information, permitted uses, and consequences of unauthorized disclosure. It's particularly crucial in today's digital business environment where information security is paramount.
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Key Requirements PROMPT example:
Disclosure Agreement
"I need a Disclosure Agreement under Irish law for our upcoming Series B investment round starting March 2025, which will involve sharing financial projections and intellectual property details with potential investors from the EU and US."
1. Parties: Identifies and defines the parties entering into the agreement, including their registered addresses and company details
2. Background: Sets out the context and purpose of the agreement, including the nature of the proposed relationship between the parties
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. Security Measures: Specific measures required to protect confidential information
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which provisions survive termination
9. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
10. Execution: Signature blocks and execution provisions
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Used when confidential information includes or relates to IP rights
3. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
4. Non-Competition: Restrictions on competitive activities, if appropriate for the business context
5. Reverse Engineering: Prohibitions on reverse engineering when technical information is shared
6. Export Control: Required when confidential information may be subject to export control regulations
7. Press Releases and Publicity: Controls on public announcements about the relationship between the parties
8. Independent Contractor Relationship: Clarifies relationship between parties when needed
1. Schedule 1 - Description of Confidential Information: Detailed description or categories of information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Acknowledgment: Template for acknowledgment by representatives who will access confidential information
Authors
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Relevant Industries
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Financial Services
Healthcare
Manufacturing
Professional Services
Biotechnology
Pharmaceuticals
Real Estate
Energy
Telecommunications
Software Development
Research & Development
Education
Retail
Media & Entertainment
Construction
Insurance
Agricultural Technology
Relevant Teams
Legal
Executive Leadership
Business Development
Research and Development
Information Technology
Human Resources
Procurement
Operations
Finance
Compliance
Risk Management
Innovation
Partnerships
Intellectual Property
Information Security
Corporate Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Commercial Director
Business Development Manager
Chief Technology Officer
Chief Information Officer
Research Director
Project Manager
Human Resources Director
Procurement Manager
Investment Manager
Operations Director
Chief Financial Officer
Compliance Officer
Risk Manager
Innovation Director
Partnership Manager
Intellectual Property Manager
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