This Due Diligence Confidentiality Agreement is essential for protecting sensitive business information during corporate investigations and transactions in Malta. It is typically used when one party needs to disclose confidential information to another party for evaluation purposes, such as in mergers, acquisitions, investments, or strategic partnerships. The agreement ensures compliance with Malta's Professional Secrecy Act, Data Protection Act, and EU GDPR requirements, while facilitating necessary information sharing. It includes specific provisions for handling personal data, trade secrets, and commercially sensitive information, reflecting Malta's unique position as an EU member state and international business hub. The document is particularly important given Malta's strong presence in financial services, gaming, and technology sectors, where data protection and confidentiality are crucial.
Due Diligence Confidentiality Agreement for Malta
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Key Requirements PROMPT example:
Due Diligence Confidentiality Agreement
"I need a Due Diligence Confidentiality Agreement under Maltese law for a potential acquisition of a gaming company, with specific provisions for handling sensitive customer data and compliance with gaming regulations, to be completed before March 2025."
Your data doesn't train Genie's AI
You keep IP ownership聽of your information
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1. Parties: Identification of the disclosing party, receiving party, and any authorized representatives
2. Background: Context of the due diligence process and purpose of the agreement
3. Definitions: Key terms including Confidential Information, Permitted Purpose, Authorized Recipients, and Due Diligence Process
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and any exclusions
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 and to whom
7. Data Protection and GDPR Compliance: Specific provisions for handling personal data in compliance with GDPR and Maltese data protection laws
8. Security Measures: Required security measures for protecting confidential information
9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination
10. Duration and Termination: Term of the agreement and survival of obligations
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard provisions including governing law, jurisdiction, entire agreement, and amendments
1. Representatives and Warranties: Additional warranties regarding authority, ownership of information, and non-infringement - include when dealing with intellectual property or complex corporate structures
2. Professional Advisers: Specific provisions for sharing information with professional advisers - include when multiple advisory firms are involved
3. Clean Team Arrangements: Provisions for establishing a clean team for highly sensitive information - include in competitive situations or when dealing with market-sensitive information
4. International Data Transfers: Specific provisions for cross-border data transfers - include when parties are in different jurisdictions
5. Insider Trading Prevention: Provisions preventing insider trading - include when listed companies or regulated entities are involved
6. Competition Law Compliance: Specific provisions ensuring compliance with competition laws - include when parties are competitors
7. Prior Disclosure: Provisions addressing information disclosed before the agreement - include when prior discussions have occurred
1. Schedule 1 - Authorized Recipients: List of individuals or roles authorized to access confidential information
2. Schedule 2 - Security Protocols: Detailed security measures and protocols for handling confidential information
3. Schedule 3 - Data Processing Requirements: Specific requirements for processing personal data under GDPR and Maltese law
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for Authorized Recipients to sign
5. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Gaming and iGaming
Technology
Maritime
Healthcare
Real Estate
Manufacturing
Professional Services
Telecommunications
Insurance
Investment Services
Banking
Pharmaceutical
Energy
Tourism and Hospitality
Relevant Teams
Legal
Compliance
Corporate Development
Mergers and Acquisitions
Investment
Risk Management
Data Protection
Corporate Secretariat
Finance
Executive Management
Business Development
Information Security
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
General Counsel
Corporate Lawyer
Compliance Officer
Data Protection Officer
Investment Director
Merger & Acquisition Manager
Due Diligence Specialist
Corporate Secretary
Risk Manager
Business Development Director
Investment Banker
Private Equity Manager
Transaction Advisory Manager
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