This Mutual Non Disclosure Agreement template is designed for use in business relationships where two parties need to share confidential information while ensuring mutual protection under Maltese law. It is particularly relevant for business negotiations, potential partnerships, joint ventures, or any situation where sensitive information needs to be exchanged. The agreement covers various types of confidential information including trade secrets, technical data, business plans, customer information, and intellectual property. As a document governed by Maltese law, it incorporates requirements from relevant legislation including the Maltese Trade Secrets Act, Commercial Code, and where applicable, data protection regulations. The bilateral nature of the agreement ensures that both parties have equal obligations and protections when sharing and receiving confidential information.
Mutual Non Disclosure Agreement for Malta
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Key Requirements PROMPT example:
Mutual Non Disclosure Agreement
"I need a Mutual Non-Disclosure Agreement under Maltese law for a potential joint venture between my tech startup and an established software company, with specific provisions for protecting source code and customer data, to be effective from March 2025."
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1. Parties: Identifies and provides full details of all parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines key terms used throughout 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 Disclosures: Specifies circumstances under which confidential information may be disclosed, including to representatives and as required by law
6. Security Measures: Required measures for protecting and securing confidential information
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which provisions survive termination
9. Remedies: Legal remedies available in case of breach, including injunctive relief
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR or Maltese Data Protection Act
2. Intellectual Property Rights: Include when confidential information involves patents, trademarks, or other IP rights
3. Non-Solicitation: Optional clause preventing parties from soliciting each other's employees or clients
4. Export Control: Include when information may be subject to export control regulations
5. Non-Competition: Optional clause restricting competitive activities, must be carefully drafted to comply with Maltese competition law
6. Force Majeure: Include when parties want to address extraordinary circumstances affecting confidentiality obligations
7. Assignment and Succession: Include when parties want to specifically address transfer of rights and obligations
1. Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Security Protocols: Specific security measures and protocols to be followed when handling confidential information
4. Approved Purposes: Detailed description of the permitted purposes for which confidential information may be used
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Technology
Financial Services
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Healthcare
Professional Services
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Biotechnology
Gaming and iGaming
Maritime
Pharmaceutical
Real Estate
Telecommunications
Consulting
Research and Development
E-commerce
Digital Services
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Business Development
Executive Leadership
Research and Development
Operations
Procurement
Finance
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Compliance
Commercial
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Strategic Planning
Project Management
Corporate Development
Intellectual Property
Relevant Roles
Chief Executive Officer
Managing Director
Legal Counsel
Business Development Manager
Chief Technology Officer
Project Manager
Research Director
Operations Manager
Procurement Manager
Chief Financial Officer
Human Resources Director
Investment Manager
Technical Director
Commercial Manager
Innovation Manager
Compliance Officer
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