A Non-Disclosure Agreement For Investors is essential when companies seek investment and need to share sensitive business information with potential investors. This agreement, governed by English and Welsh law, provides legal protection for confidential information during investment discussions, due diligence, and negotiations. It typically covers financial projections, business plans, customer data, intellectual property, and other proprietary information. The document is particularly crucial in early-stage investment discussions where sensitive information needs to be shared before any investment commitment is made.
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1. Parties: Identifies and defines the disclosing and receiving parties
2. Background: Context of the potential investment and need for confidentiality
3. Definitions: Defines key terms including Confidential Information, Trade Secrets, and Permitted Purpose
4. Confidentiality Obligations: Core obligations regarding use and protection of confidential information
5. Permitted Disclosures: Circumstances when confidential information can be shared with advisors, employees, or as required by law
6. Term and Survival: Duration of obligations and provisions that survive termination
7. Return of Information: Requirements for returning or destroying confidential information upon request or termination
1. Non-Circumvention: Prevents direct contact with disclosed business contacts or opportunities without involving the disclosing party
2. Non-Solicitation: Prevents poaching of employees or clients identified through confidential information
3. Data Protection Provisions: Specific obligations regarding handling of personal data under UK GDPR and Data Protection Act
4. Securities Trading Provisions: Restrictions on trading based on confidential information and insider trading provisions
1. Schedule of Confidential Information: Detailed list or categories of specific confidential information covered by the agreement
2. Schedule of Authorized Recipients: List of permitted recipients and their roles in relation to the confidential information
3. Information Security Requirements: Technical and organizational measures required for protecting confidential information
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