This Indefinite NDA template is designed for use in situations requiring long-term or permanent protection of sensitive information under Irish law. It is particularly suitable for protecting trade secrets, proprietary technology, manufacturing processes, or other confidential information that maintains its value through continued secrecy. The agreement incorporates requirements from Irish contract law, EU trade secrets regulations, and data protection legislation, making it suitable for both domestic and international business relationships. The indefinite duration distinguishes this NDA from fixed-term agreements, ensuring that confidentiality obligations persist as long as the information remains confidential. This document is commonly used in business negotiations, strategic partnerships, employee relationships, and corporate transactions where ongoing protection of sensitive information is crucial.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Protection Measures: Specific security measures required to protect the confidential information
8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon request or termination
9. Duration and Survival: Specification of the indefinite nature of obligations and which provisions survive
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific GDPR compliance provisions when confidential information includes personal data
2. Intellectual Property Rights: Additional provisions regarding IP ownership and rights when relevant to the confidential information
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Competition Law Compliance: Specific provisions ensuring compliance with competition laws when parties are competitors
5. Assignment and Succession: Terms regarding the transfer of obligations in case of corporate restructuring or sale
6. Third Party Rights: Provisions regarding the rights of third parties under the agreement
7. Insurance Requirements: Specific insurance obligations for protecting confidential information
8. Audit Rights: Rights to audit compliance with confidentiality obligations
1. Schedule 1 - Description of Confidential Information: Detailed listing or categorization of the specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting the information
4. Schedule 4 - Approved Subcontractors: If applicable, list of approved third parties who may access the confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for employees or third parties
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