This Reciprocal Non Disclosure Agreement is essential when two or more parties need to share confidential information while ensuring mutual protection under Irish law. It is commonly used during business negotiations, potential partnerships, joint ventures, or any situation requiring the exchange of sensitive information such as trade secrets, business strategies, technical data, or customer information. The agreement complies with Irish legal requirements and relevant EU regulations, including GDPR where applicable. It sets out clear obligations for both parties regarding the use, protection, and eventual return or destruction of confidential information, while ensuring enforceability within the Irish legal system.
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1. Parties: Identification of all parties entering into the agreement, including registered addresses and company numbers
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Confidentiality Obligations: Core mutual obligations regarding the protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors
6. Information Security: Requirements for protecting and securing confidential information
7. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination
8. Duration and Termination: Term of the agreement and termination provisions
9. Survival: Obligations that continue after termination
10. General Provisions: Standard boilerplate clauses including notices, amendments, severability, and entire agreement
11. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes
1. Data Protection: Required when personal data will be shared, addressing GDPR compliance requirements
2. Intellectual Property Rights: Include when confidential information includes IP that needs specific protection
3. Security Requirements: Add when specific security protocols or standards must be followed
4. Export Control: Include for international transfers of technical data or when dealing with regulated industries
5. Third Party Rights: Include when third parties may have rights or obligations related to the confidential information
6. Non-Solicitation: Add when parties wish to prevent poaching of employees or clients
7. Specific Industry Requirements: Include when dealing with regulated industries like financial services or healthcare
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Procedures: Specific security protocols and procedures for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Professional Services
Healthcare
Manufacturing
Research and Development
Biotechnology
Real Estate
Energy
Telecommunications
Education
Retail
Construction
Media and Entertainment
Consulting
Relevant Teams
Legal
Business Development
Executive Leadership
Information Security
Research and Development
Human Resources
Finance
Operations
Procurement
Compliance
Strategy
Product Development
Investment
Corporate Communications
Risk Management
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Chief Technology Officer
Project Manager
Research Director
Human Resources Director
Chief Financial Officer
Operations Manager
Chief Information Security Officer
Procurement Manager
Investment Manager
Product Manager
Strategy Director
Compliance Officer
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