The Non-Disclosure Form is a critical legal instrument used in Irish business transactions and relationships where confidential information needs to be shared between parties. It is particularly relevant when businesses are entering into negotiations, exploring potential partnerships, engaging contractors, or hiring employees. The document ensures compliance with Irish law, including the European Union (Protection of Trade Secrets) Regulations 2018 and the Data Protection Act 2018, while providing robust protection for proprietary information, trade secrets, and other confidential matters. This agreement is essential for establishing clear obligations and responsibilities regarding information security, defining permitted uses, and setting out remedies for unauthorized disclosure.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and registered addresses
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Representatives', and 'Permitted Purpose'
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 to authorized recipients
6. Security Measures: Required measures for protecting and securing confidential information
7. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination
8. Duration and Survival: Term of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Non-Solicitation: Restrictions on soliciting employees or customers, used when parties have access to sensitive relationship information
2. Data Protection: GDPR compliance provisions, required when confidential information includes personal data
3. Intellectual Property Rights: Provisions clarifying IP ownership and rights, used when confidential information includes IP
4. Export Control: Compliance with export control laws, needed when information may be subject to international transfer restrictions
5. Competition Law Compliance: Ensures compliance with competition laws, needed when parties are competitors or in similar markets
6. Assignment and Subcontracting: Rules for transferring rights or obligations, used in complex commercial relationships
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the NDA
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template undertaking to be signed by authorized recipients who are not direct parties
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