This NDA For Startups is designed to meet the specific needs of emerging companies operating under Maltese jurisdiction, providing a balanced approach to protecting confidential information during various business activities. The document is particularly relevant for startups engaging in fundraising rounds, technology development partnerships, or strategic collaborations, where sensitive information needs to be shared while maintaining proper protection. It incorporates requirements from Malta's Trade Secrets Act, the Companies Act, and relevant EU regulations, making it suitable for both local and international business relationships. The agreement is structured to be comprehensive yet flexible, allowing for various types of confidential information typically encountered in startup operations, from technical specifications to business strategies and customer data.
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1. Parties: Identification of all parties to the agreement, including registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and advisors
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights, particularly relevant for tech startups
2. Data Protection Compliance: Specific GDPR and local data protection compliance measures, needed if personal data is involved
3. Non-Solicitation: Restrictions on soliciting employees or customers, optional based on business relationship
4. Reverse Engineering Prohibition: Specific prohibition on reverse engineering, important for technical information
5. Investment Discussions: Specific provisions for handling information shared during investment discussions
6. Competition Restrictions: Restrictions on competitive activities, if relevant to the business relationship
7. Multi-party Provisions: Additional provisions for when more than two parties are involved
8. Electronic Information Security: Specific provisions for handling digital information and cybersecurity measures
1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for information sharing
2. Schedule 2 - Categories of Confidential Information: Specific listing of types of confidential information covered
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive confidential information
4. Schedule 4 - Security Measures: Specific security measures required for protecting confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking by representatives
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