This NDA For Financial Information is essential for businesses operating in Ireland that need to protect sensitive financial data during business negotiations, due diligence processes, or ongoing business relationships. The document is specifically tailored to comply with Irish law, including the Central Bank Act, Data Protection Act 2018, and relevant EU regulations such as GDPR. It is particularly relevant when sharing financial projections, pricing information, trading data, investment strategies, or other confidential financial information. The agreement provides comprehensive protection while acknowledging the specific requirements of Irish financial regulators and the Central Bank of Ireland. It is designed to be robust enough for regulated financial institutions while remaining adaptable for general corporate use.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company numbers
2. Background: Context of the disclosure and the business relationship between the parties
3. Definitions: Key terms including 'Confidential Information', 'Financial Information', 'Permitted Purpose', 'Authorized Representatives', and 'Permitted Disclosees'
4. Scope of Confidential Information: Detailed description of what constitutes financial confidential information, including explicit categories of protected data
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to advisors, regulators, and as required by law
7. Data Protection and Security Measures: Specific measures required for protecting confidential financial information, including GDPR compliance
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Duration and Survival: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation
1. Regulatory Compliance: Additional provisions for regulated entities under Central Bank of Ireland supervision
2. Third Party Rights: Rights of group companies or related entities to enforce the agreement
3. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the business relationship
4. Inside Information: Special provisions for handling inside information under market abuse regulations
5. Data Transfer: Provisions for cross-border data transfers if parties are in different jurisdictions
6. Audit Rights: Rights to audit compliance with confidentiality obligations, particularly relevant for regulated entities
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of financial information covered
2. Schedule 2 - Security Measures: Technical and organizational measures required for protecting the confidential information
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle the confidential information
4. Appendix A - Information Handling Procedures: Specific procedures for marking, storing, and transmitting confidential information
5. Appendix B - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized representatives or third parties
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