This Non-Disclosure Agreement template is designed for use under Maltese law when parties need to share sensitive or confidential information while ensuring legal protection. It's particularly relevant in business negotiations, potential partnerships, employment relationships, or any situation requiring the disclosure of proprietary information. The document incorporates requirements from the Maltese Civil Code, Trade Secrets Act, and relevant EU regulations, including GDPR compliance where personal data is involved. It provides comprehensive protection while being adaptable to various business contexts, from simple bilateral relationships to complex multi-party arrangements. The agreement is structured to be enforceable under Maltese jurisdiction and includes specific provisions for both local and cross-border business relationships.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Security Measures: Specific measures required to protect confidential information
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and provisions that survive termination
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR or Maltese Data Protection Act
2. Intellectual Property Rights: Include when confidential information involves IP rights or when development of new IP is contemplated
3. Non-Solicitation: Add when there's a risk of poaching employees or clients
4. Non-Competition: Include when sharing information could enable competitive activities
5. Export Control: Required when confidential information may be subject to export control regulations
6. Group Company Rights: Include when either party needs to share information with group companies
7. Reverse Engineering Prohibition: Add when protecting technical information or trade secrets that could be reverse engineered
8. Force Majeure: Include when long-term confidentiality obligations might be affected by extraordinary events
1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of the confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational security measures required
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of confidential information
5. Appendix A - Data Processing Terms: Required when personal data processing is involved, ensuring GDPR compliance
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