This General Non-Disclosure Agreement is designed for use in business relationships where confidential information needs to be shared between parties under Maltese jurisdiction. It serves as a crucial legal safeguard for protecting sensitive business information, trade secrets, and proprietary data. The document is structured to comply with Malta's legal framework, including the Trade Secrets Act (Chapter 589) and data protection requirements under both Maltese and EU law. It's particularly relevant for businesses operating in or through Malta, whether for potential partnerships, service agreements, employment relationships, or business transactions. The agreement can be customized to address specific types of confidential information while maintaining its enforceability under Maltese law.
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1. Parties: Identification of all parties to the agreement, including registered addresses and company registration numbers where applicable
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of the confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which provisions survive termination
10. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
11. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
12. Execution: Signature blocks and execution provisions
1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved
2. Intellectual Property Rights: Additional provisions regarding IP rights when confidential information includes patentable or copyrightable material
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Remedies and Injunctive Relief: Specific remedies for breach, including right to seek injunctive relief
5. Export Control: Provisions for international transfer of confidential information
6. Competition Law Compliance: Specific provisions ensuring compliance with competition laws when parties are competitors
7. Assignment and Succession: Rules for transferring rights under the agreement, if permitted
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by 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 for handling confidential information
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