The International Confidentiality Agreement is essential for businesses engaging in cross-border relationships where sensitive information needs to be shared. This document is particularly relevant when parties from different jurisdictions need to exchange confidential information during business negotiations, joint ventures, service provisions, or potential collaborations. The agreement, governed by Irish law, incorporates key requirements from Irish legislation and EU regulations, including the Data Protection Act 2018 and EU Trade Secrets Directive. It provides comprehensive protection for various types of confidential information, from trade secrets and intellectual property to personal data and business strategies. The agreement is structured to ensure enforceability across multiple jurisdictions while maintaining Irish law as the governing framework, making it suitable for international business relationships where at least one party has significant connections to Ireland or prefers Irish law governance.
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1. Parties: Identification of all parties to the agreement, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Affiliates'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Information 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 termination or request
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, entire agreement, and variation
1. Personal Data Protection: Specific provisions for handling personal data under GDPR and Irish Data Protection Act, required if personal data will be shared
2. Intellectual Property Rights: Provisions clarifying ownership and protection of IP rights, needed if confidential information includes IP
3. Export Control: Provisions regarding compliance with export control laws, required for international transfer of technical data
4. Non-Solicitation: Restrictions on soliciting employees or customers, useful in business relationship contexts
5. Competitive Activity: Restrictions on using information for competitive purposes, relevant in industry-specific contexts
6. Force Majeure: Provisions for handling unforeseen circumstances, optional but useful in long-term arrangements
7. Data Breach Notification: Specific procedures for handling data breaches, important when dealing with sensitive digital information
8. Third Party Rights: Provisions regarding rights of third parties under the agreement, relevant if affiliates are involved
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
2. Schedule 2 - Security Measures: Detailed technical and organizational security measures required for protecting confidential information
3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information
4. Schedule 4 - Information Transfer Protocols: Specific procedures for transferring, storing, and handling confidential information
5. Appendix A - Form of Representative Undertaking: Template confidentiality undertaking for representatives who will access confidential information
6. Appendix B - Data Processing Terms: Detailed terms for processing personal data in compliance with GDPR, if applicable
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