This Company Confidentiality Agreement is designed for use under Irish law when businesses need to share confidential information while ensuring its protection. It is particularly relevant for commercial transactions, joint ventures, potential business partnerships, or any situation where sensitive business information needs to be disclosed. The agreement incorporates Irish legal requirements, including compliance with the European Union (Protection of Trade Secrets) Regulations 2018 and GDPR where applicable. It provides comprehensive protection for various types of confidential information, including trade secrets, technical data, business strategies, customer information, and intellectual property. The document is structured to be robust and enforceable under Irish law while remaining practical for business use.
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1. Parties: Identifies the parties entering into the agreement, including full legal names, registered addresses, and company registration numbers
2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Information Security Measures: Specific measures required to protect confidential information, including physical, electronic, and procedural safeguards
7. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which obligations survive termination
9. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and variation
1. Third Party Rights: Include when the confidential information includes third party information or when third parties may need to enforce rights under the agreement
2. Data Protection Compliance: Include when confidential information includes personal data subject to GDPR
3. Non-Solicitation: Include when there's a risk of employee poaching or client solicitation
4. Intellectual Property Rights: Include when confidential information includes IP or when IP might be created during the business relationship
5. Competition Law Compliance: Include when parties are competitors or when information sharing could raise competition law concerns
6. Export Control: Include when confidential information may be subject to export control regulations
7. Press Releases and Announcements: Include when there's a need to control public statements about the business relationship
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed information security requirements and procedures
4. Schedule 4 - Permitted Purpose: Detailed description of the specific business purpose for which confidential information may be used
5. Schedule 5 - Return/Destruction Certificate: Form of certificate to be completed when returning or destroying confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Research & Development
Biotechnology
Telecommunications
Energy
Retail
Real Estate
Construction
Education
Media & Entertainment
Relevant Teams
Legal
Compliance
Commercial
Business Development
Information Security
Risk Management
Executive Leadership
Procurement
Research & Development
Information Technology
Finance
Corporate Governance
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Commercial Director
Business Development Manager
Chief Technology Officer
Chief Financial Officer
Procurement Manager
Contract Manager
Risk Manager
Compliance Officer
Information Security Officer
Research Director
Project Manager
Company Secretary
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