This Privacy and Confidentiality Agreement is designed for use in situations where parties need to share sensitive information or personal data while ensuring appropriate protections are in place. It is particularly relevant in business relationships, employment contexts, or service provider arrangements where confidential information or personal data will be exchanged or processed. The agreement is governed by Irish law and incorporates requirements from the General Data Protection Regulation (GDPR) and the Irish Data Protection Act 2018, making it suitable for use within Ireland and for Irish entities dealing with EU-based partners. The document includes comprehensive provisions for data protection, security measures, breach notification, and confidentiality obligations, ensuring compliance with both privacy and confidentiality requirements under Irish and EU law.
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1. Parties: Identifies and provides details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms including 'Confidential Information', 'Personal Data', 'Processing', and other relevant terms
4. Scope of Confidential Information: Clearly defines what information is covered by the confidentiality obligations
5. Confidentiality Obligations: Details the core obligations regarding protection and non-disclosure of confidential information
6. Data Protection Obligations: Specifies obligations under GDPR and Irish Data Protection Act 2018
7. Permitted Disclosures: Outlines circumstances where disclosure is permitted (e.g., legal requirements, authorized recipients)
8. Security Measures: Specifies required security measures for protecting confidential information and personal data
9. Duration and Survival: Specifies the term of the agreement and which obligations survive termination
10. Return or Destruction of Information: Procedures for handling confidential information upon termination
11. Breach Notification: Requirements for notifying breaches of confidentiality or data protection
12. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Required when confidential information includes IP-protected materials
2. International Data Transfers: Needed when personal data may be transferred outside the EEA
3. Data Processing Terms: Required when one party is processing personal data on behalf of the other
4. Employee and Subcontractor Obligations: Important when parties need to ensure their staff/contractors maintain confidentiality
5. Competitive Activities: Needed when agreement includes non-compete or similar restrictions
6. Insurance Requirements: Required when specific insurance coverage for data protection is needed
7. Audit Rights: Important for agreements where regular compliance verification is needed
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Measures: Detailed technical and organizational security measures required
4. Schedule 4 - Data Processing Details: If applicable, details of data processing activities including categories of data and purposes
5. Appendix A - Contact Details: Key contacts for breach notification and agreement administration
6. Appendix B - Form of Confidentiality Undertaking: Template confidentiality agreement for employees/subcontractors
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