This Basic Non-Disclosure Agreement is designed for use in situations where parties need to share confidential information while ensuring legal protection under Maltese law. It is particularly relevant for business negotiations, potential partnerships, employee-employer relationships, or consultant engagements where sensitive information needs to be exchanged. The document complies with Maltese legal requirements, including relevant provisions of the Maltese Commercial Code and the Trade Secrets Act, while also accounting for EU regulations where applicable. This template is structured to provide essential confidentiality protections while remaining straightforward enough for regular business use. It includes key provisions for defining confidential information, permitted uses, security measures, and the duration of confidentiality obligations.
Basic Non Disclosure Agreement for Malta
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Key Requirements PROMPT example:
Basic Non Disclosure Agreement
"I need a Basic Non-Disclosure Agreement under Maltese law for a potential business partnership with a software development company, with special attention to protecting our client data and trade secrets."
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and registered addresses
2. Background: Brief context explaining the purpose of the NDA and the relationship between the parties
3. Definitions: Key terms used in 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 Use: Specifies how the receiving party may use the confidential information and for what purpose
6. Security Measures: Required steps to protect and safeguard the confidential information
7. Return or Destruction: 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. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
1. Third Party Disclosure: Include when the receiving party needs to share information with advisors, affiliates, or other third parties
2. Data Protection: Include when the confidential information includes personal data subject to GDPR
3. Intellectual Property: Include when confidential information includes IP rights that need specific protection
4. Non-Solicitation: Include when there's a need to prevent poaching of employees or clients
5. Remedies and Injunctive Relief: Include when specific enforcement mechanisms or remedies need to be spelled out
6. Notice Requirements: Include when formal notification procedures need to be specified
7. Assignment: Include when transfer of rights needs to be addressed
8. Severability: Include when there's a need to ensure partial invalidity doesn't affect the whole agreement
1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed when handling confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Professional Services
Healthcare
Manufacturing
Research and Development
Real Estate
Retail
Education
Telecommunications
Gaming and iGaming
Maritime
Pharmaceutical
Biotechnology
Consulting
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research and Development
Information Technology
Finance
Operations
Procurement
Compliance
Investment
Corporate Affairs
Administrative
Relevant Roles
Chief Executive Officer
Managing Director
Legal Counsel
Business Development Manager
Human Resources Director
Project Manager
Research Director
Chief Technology Officer
Chief Financial Officer
Operations Manager
Procurement Manager
Investment Manager
Consultant
Department Head
Company Secretary
Compliance Officer
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