The Agreement Not To Disclose Confidential Information is essential for businesses and individuals operating under Irish jurisdiction who need to share sensitive information while maintaining its confidentiality. This document is commonly used before entering into business negotiations, during due diligence processes, in employment or contractor relationships, or when exploring potential partnerships. It defines what constitutes confidential information, sets out the obligations of the receiving party, and establishes remedies for unauthorized disclosure. The agreement is drafted in compliance with Irish law, including relevant EU regulations such as GDPR, the EU Trade Secrets Directive, and Irish contract law principles. It provides a robust framework for protecting proprietary information, trade secrets, intellectual property, and other sensitive data while facilitating necessary business communications.
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1. Parties: Identifies and provides full details of all parties to the agreement, including registered addresses and company numbers if applicable
2. Background: Explains the context and purpose of the agreement, including the relationship between the parties and why confidential information needs to be shared
3. Definitions: Defines key terms used in the agreement, particularly 'Confidential Information', 'Permitted Purpose', 'Authorised Recipients', and other relevant terms
4. Scope of Confidential Information: Clearly outlines what information is considered confidential under the agreement, including any exclusions
5. Obligations of Confidentiality: Details the core confidentiality obligations, including how confidential information must be protected and stored
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and to whom
7. Security Measures: Outlines required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Duration and Survival: Specifies how long the confidentiality obligations last and which provisions survive termination
10. Breach and Remedies: Details consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specifies Irish law as governing law and Irish courts' jurisdiction
1. Data Protection Compliance: Required when confidential information includes personal data covered by GDPR
2. International Transfer Provisions: Required when confidential information may be transferred outside the EEA
3. Specific Industry Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)
4. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
5. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP
6. Force Majeure: Provisions for unforeseen circumstances preventing compliance
7. Assignment and Succession: Rules about transferring rights under the agreement, particularly relevant for corporate transactions
8. Entire Agreement: Clause stating this document represents the entire agreement, useful in complex commercial relationships
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles permitted to access the confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures required for protecting the information
4. Schedule 4 - Destruction Procedures: Specific procedures for destroying or returning confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for authorized recipients to sign
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