This Confidentiality Agreement Indemnity is designed for situations where parties need to exchange sensitive information while establishing strong protective measures and clear financial responsibilities for potential breaches. It is particularly suitable for high-value commercial relationships or situations involving highly sensitive proprietary information. The document combines standard confidentiality provisions with specific indemnification clauses, ensuring that the disclosing party has robust remedies under Maltese law in case of unauthorized disclosure. It addresses both the immediate confidentiality obligations and the longer-term financial implications of any breaches, making it especially valuable for cross-border transactions where Maltese jurisdiction applies.
Confidentiality Agreement Indemnity for Malta
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Confidentiality Agreement Indemnity
"I need a Confidentiality Agreement Indemnity for a technology joint venture between our Malta-based software company and a German AI research firm, with specific focus on protecting our machine learning algorithms and including parent company guarantees for the indemnification obligations."
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1. Parties: Identification of the parties entering into the agreement, including their full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Indemnified Parties'
4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
6. Security Measures: Specific measures required to protect confidential information
7. Indemnification: Detailed indemnification provisions, including scope, process, and limitations
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and provisions that survive termination
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Third Party Rights: Required when third parties are intended to have enforceable rights under the agreement
2. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR
3. Intellectual Property Rights: Needed when confidential information includes or relates to intellectual property
4. Insurance Requirements: Required when specific insurance coverage is needed to support indemnification obligations
5. Alternative Dispute Resolution: Optional provision for mediation or arbitration before court proceedings
6. Force Majeure: May be included to address circumstances preventing performance of obligations
7. Parent Company Guarantee: Required when additional security for indemnification obligations is needed
1. Schedule 1 - Categories of Confidential Information: Detailed list or description of the types of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for protecting confidential information
4. Schedule 4 - Indemnification Procedures: Detailed procedures for making and handling indemnification claims
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties
6. Appendix B - Data Processing Requirements: Specific requirements for handling personal data if applicable
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