This Mutual NDA template is essential for businesses and individuals operating under Irish jurisdiction who need to protect confidential information during business discussions, negotiations, or collaborative projects. The document is specifically designed to comply with Irish contract law, the European Union (Protection of Trade Secrets) Regulations 2018, and GDPR requirements. It should be used when two parties need to share sensitive information bidirectionally, such as during potential business partnerships, joint ventures, or service provider evaluations. The Mutual NDA ensures that both parties have equal obligations and protections regarding the confidential information they share, including specific provisions for data handling, security measures, and information return or destruction procedures.
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1. Parties: Identification of all parties to the agreement with full legal names and addresses
2. Background: Context of the agreement and the parties' intentions to share confidential information
3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors
7. Data Protection: Provisions ensuring compliance with GDPR and Irish Data Protection Act 2018
8. Security Measures: Required measures for protecting and securing confidential information
9. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination
10. Duration and Survival: Term of the agreement and which provisions survive termination
11. Governing Law and Jurisdiction: Specification of Irish law as governing law and Irish courts' jurisdiction
1. Intellectual Property Rights: Additional provisions clarifying ownership and protection of IP rights, used when confidential information includes IP
2. Non-Solicitation: Restrictions on soliciting employees or customers, included when parties want additional business protection
3. Non-Competition: Restrictions on competitive activities, used when sharing particularly sensitive business information
4. Independent Development: Clarification of rights to develop similar solutions independently, important for technology companies
5. Export Control: Compliance with export control laws, needed when information may be subject to international transfer restrictions
6. Force Majeure: Provisions for unforeseen circumstances, included in longer-term NDAs
7. Insurance Requirements: Obligations to maintain specific insurance coverage, used in high-risk or regulated industries
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required for protecting confidential information
3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information
4. Appendix A - Information Classification Guidelines: Guidelines for classifying different types of confidential information and corresponding handling requirements
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