The Non-Disclosure and Non-Solicitation Agreement is essential for businesses operating in Ireland who need to protect their confidential information and maintain stable business relationships. This document is typically used when sharing sensitive information with third parties, during business negotiations, employment relationships, or potential partnerships. It combines standard confidentiality provisions with restrictions on soliciting employees, customers, or business contacts, all while ensuring compliance with Irish employment law, competition regulations, and data protection requirements. The agreement is particularly important in situations involving access to trade secrets, customer lists, or proprietary information, where there's a risk of both information leakage and potential poaching of key personnel or clients.
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1. Parties: Identifies and defines the parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms including 'Confidential Information', 'Business Relations', and other relevant terms
4. Confidentiality Obligations: Details the obligations regarding confidential information, including use, disclosure, and protection
5. Non-Solicitation Provisions: Specifies restrictions on soliciting employees, customers, or business relations
6. Duration and Survival: Specifies how long the obligations last and which provisions survive termination
7. Return of Confidential Information: Procedures for returning or destroying confidential information
8. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
9. General Provisions: Standard boilerplate including governing law, jurisdiction, and entire agreement
1. Data Protection: Additional provisions for handling personal data under GDPR when confidential information includes personal data
2. Intellectual Property Rights: Specific provisions regarding IP rights when confidential information includes IP
3. Security Measures: Detailed security requirements for handling particularly sensitive information
4. Permitted Disclosures: Specific circumstances where disclosure is permitted (e.g., to professional advisors or regulators)
5. Assignment and Succession: Rights to assign the agreement, needed for corporate transactions
6. Third Party Rights: Whether third parties have rights under the agreement, particularly relevant for group companies
7. Severance Payments: Compensation provisions if non-solicitation applies post-employment
1. Schedule 1 - Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Restricted Business Relations: List of specific customers, suppliers, or business relations covered by non-solicitation
3. Schedule 3 - Security Procedures: Specific procedures for handling and protecting confidential information
4. Appendix A - Acknowledgment Form: Form for employees or representatives to acknowledge obligations
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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