This Non Disclosure Agreement Parties template is essential for businesses and individuals operating under Maltese jurisdiction who need to protect sensitive information during business negotiations, partnerships, or employment relationships. It is specifically drafted to comply with Maltese legal requirements, including the Maltese Civil Code, Trade Secrets Act, and where applicable, data protection regulations including GDPR. The document is particularly relevant for Malta's growing sectors such as financial services, gaming, and technology, where protection of trade secrets and confidential information is crucial. It includes provisions for defining confidential information, permitted uses, security measures, and consequences of breach, all enforceable under Maltese law.
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1. Parties: Identification of all parties to the agreement, including full legal names, registration numbers (if companies), and registered addresses
2. Background: Context of the agreement, including the purpose for sharing confidential information and the relationship between the parties
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and other agreement-specific terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Receiving Party: Core confidentiality obligations, including protection measures, non-disclosure requirements, and permitted uses
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required procedures and safeguards for protecting confidential information
8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
11. General Provisions: Standard clauses 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: Needed when confidential information includes IP or when IP might be created during the relationship
3. Non-Solicitation: Optional clause preventing poaching of employees or clients, often included in business contexts
4. Export Control: Required when confidential information may be subject to export control regulations
5. Competitive Activities: Optional restrictions on competitive activities, must be carefully drafted to ensure enforceability
6. Force Majeure: Optional clause addressing extraordinary events affecting performance of obligations
7. Assignment and Succession: Optional section dealing with transfer of rights and obligations, particularly relevant for corporate parties
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of 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 procedures required for protecting confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Data Processing Requirements: Required when personal data is involved, detailing GDPR compliance measures
6. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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