This Bilateral NDA template is designed for use under Irish law when two parties need to exchange confidential information while ensuring legal protection for both sides. The document incorporates requirements from Irish contract law, the General Data Protection Regulation (GDPR), and the Irish Data Protection Act 2018. It is particularly suitable for business negotiations, potential partnerships, due diligence processes, or any situation where mutual confidentiality obligations are required. The agreement includes comprehensive definitions of confidential information, clear obligations for both parties, and specific provisions for data protection and security measures. This Bilateral NDA template reflects current market practice in Ireland while ensuring compliance with both national and EU regulatory requirements.
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1. Parties: Identification of the parties entering into the NDA, including registered addresses and company numbers
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
6. Data Protection: Provisions ensuring compliance with GDPR and Irish Data Protection Act 2018
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction: Obligations regarding return or destruction of confidential information upon request or termination
9. Duration and Survival: Term of the agreement and provisions that survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard provisions including governing law, jurisdiction, entire agreement, and variation
1. Affiliates: Include when parties wish to extend confidentiality obligations to group companies or affiliated entities
2. Personal Data Processing: Detailed section when significant personal data processing is contemplated
3. Intellectual Property: Additional provisions when confidential information includes significant IP rights
4. Non-Solicitation: Include when parties wish to prevent poaching of employees or clients
5. Export Control: Include when confidential information may be subject to export control regulations
6. Marketing Rights: Include when parties want to address rights to disclose the existence of their business relationship
7. Residual Knowledge: Optional clause addressing use of retained knowledge by representatives
1. Schedule 1 - Description of Confidential Information: Detailed description or categories of information considered confidential
2. Schedule 2 - Authorized Representatives: List of representatives authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Form of Notice: Standard form for notifications under the agreement
5. Appendix B - Acknowledgment Form: Form for representatives to acknowledge confidentiality obligations
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