The Non-Disparagement Agreement is commonly used in Malta to protect professional reputations and maintain confidentiality in various business and employment contexts. It is particularly relevant during employment terminations, business separations, or settlement agreements. The document establishes clear obligations regarding public statements, social media communications, and other forms of expression, while ensuring compliance with Maltese law, including the Media and Defamation Act 2018 and relevant EU regulations. This agreement is essential for businesses operating in Malta's dynamic commercial environment, providing legal protection against reputational damage while respecting fundamental rights of expression.
Non Disparagement Agreement for Malta
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Key Requirements PROMPT example:
Non Disparagement Agreement
"I need a mutual Non Disparagement Agreement between our tech company and a departing senior executive, effective March 1, 2025, which includes specific provisions about social media conduct and extends protection to our board members and key investors."
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1. Parties: Identifies and defines all parties to the agreement
2. Background: Explains the context and purpose of the agreement
3. Definitions: Defines key terms including 'disparagement', 'confidential information', and other relevant terms
4. Non-Disparagement Obligations: Details the core obligations to refrain from disparaging statements or actions
5. Scope of Restrictions: Specifies what constitutes prohibited conduct and any permitted exceptions
6. Duration: Specifies how long the non-disparagement obligations remain in effect
7. Breach and Remedies: Outlines what constitutes a breach and the consequences/remedies available
8. Notice Requirements: Procedures for notifying parties of potential or actual breaches
9. Governing Law and Jurisdiction: Specifies Maltese law as governing law and establishes jurisdiction for disputes
10. Entire Agreement: Standard clause confirming this document represents the complete agreement between parties
1. Mutual Obligations: Used when both parties are bound by non-disparagement obligations rather than just one party
2. Social Media Provisions: Specific provisions regarding social media posts and online communications
3. Confidentiality: Additional provisions regarding confidentiality obligations, if needed alongside non-disparagement
4. Third Party Rights: Provisions extending protection to related parties (e.g., company officers, affiliates)
5. Survival: Specifies which provisions survive termination of related agreements
6. Alternative Dispute Resolution: Procedures for mediation or arbitration before court proceedings
7. Severability: Provisions for maintaining validity if parts are found unenforceable
1. Schedule 1 - Protected Parties: List of additional parties protected by the agreement (e.g., affiliates, officers, employees)
2. Schedule 2 - Permitted Statements: List of pre-approved statements or communications that are explicitly allowed
3. Schedule 3 - Prohibited Conduct: Detailed examples of specifically prohibited statements or actions
4. Appendix A - Notice Details: Contact information and procedures for formal notices under the agreement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Gaming and iGaming
Professional Services
Healthcare
Education
Retail
Manufacturing
Maritime
Tourism and Hospitality
Media and Entertainment
Telecommunications
Real Estate
Legal Services
Consulting
Relevant Teams
Human Resources
Legal
Compliance
Executive Leadership
Corporate Communications
Public Relations
Employee Relations
Risk Management
Corporate Governance
Administrative Support
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Compliance Officer
Managing Director
Board Member
Department Head
Senior Manager
Executive Assistant
Operations Manager
Project Manager
Marketing Director
Finance Director
Chief Technology Officer
Business Development Manager
Corporate Communications Manager
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