Commercial Confidentiality Agreements are essential tools for businesses sharing sensitive information in England and Wales. This type of agreement is commonly used during business negotiations, joint ventures, or when engaging external service providers. The Commercial Confidentiality Agreement establishes clear parameters for handling confidential information, including its use, storage, and eventual return or destruction. It provides legal protection under English law and helps ensure compliance with relevant legislation such as the Trade Secrets Regulations 2018 and data protection requirements.
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1. Parties: Identifies and defines the contracting parties
2. Background: Explains context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement including 'Confidential Information'
4. Obligations of Confidentiality: Details the core confidentiality obligations and restrictions on use of information
5. Permitted Disclosures: Specifies allowed uses of confidential information and circumstances for disclosure
6. Term and Termination: Duration of confidentiality obligations and circumstances for early termination
7. Return of Information: Procedures for returning or destroying confidential information upon termination
8. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Provisions dealing with IP rights in confidential information and any developments
2. Data Protection: Specific provisions for handling personal data under UK GDPR and Data Protection Act
3. Non-Solicitation: Provisions preventing poaching of employees or clients
4. Warranties and Indemnities: Specific warranties about confidential information and related indemnities
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles permitted to access the confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures for handling the confidential information
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