This Non-Compete Non-Disclosure Agreement is designed for use in situations where an organization needs to protect both its confidential information and competitive position under Irish law. It is commonly used when engaging employees, contractors, or business partners who will have access to sensitive information or could pose a competitive threat. The agreement includes provisions compliant with Irish employment law and competition regulations, defining the scope of confidential information, permitted uses, and reasonable restrictions on competitive activities. It incorporates requirements from the European Union Trade Secrets Directive as implemented in Ireland, while ensuring that non-compete provisions are limited in duration, geography, and scope to maintain enforceability under Irish law.
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1. Parties: Identifies and defines the contracting parties, including their registered addresses and company details
2. Background: Sets out the context of the agreement and the relationship between the parties
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Competitive Activities', and 'Restricted Period'
4. Confidentiality Obligations: Details the obligations regarding confidential information, including use, storage, and protection requirements
5. Non-Compete Provisions: Specifies the competitive restrictions, including temporal and geographical scope, and prohibited activities
6. Duration and Territory: Clearly defines the time period and geographical area for which the restrictions apply
7. Permitted Disclosures: Outlines circumstances where disclosure of confidential information is permitted
8. Return of Confidential Information: Procedures for returning or destroying confidential information upon agreement termination
9. Intellectual Property Rights: Addresses ownership and rights related to confidential information and intellectual property
10. Breach and Remedies: Specifies consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement provisions
1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR
2. Post-Employment Obligations: Used when the agreement is with employees rather than independent contractors or business entities
3. Assignment and Succession: Include when rights under the agreement may need to be transferred
4. Non-Solicitation Provisions: Added when protection against solicitation of customers or employees is required
5. Severability and Blue Pencil: Important when there's higher risk that some restrictions might be found unenforceable
6. Consideration: Required when the agreement is entered into after the initial employment or business relationship begins
7. Third Party Rights: Include when confidential information of group companies or affiliated entities needs protection
1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Restricted Territory: Detailed definition and/or map of geographical areas covered by non-compete provisions
3. Schedule 3 - Restricted Activities: Detailed description of prohibited competitive activities
4. Schedule 4 - Group Companies: List of affiliated companies covered by the agreement if applicable
5. Appendix A - Security Measures: Required security protocols for handling confidential information
6. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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