This Non Solicitation NDA is designed for use in business relationships where there is a need to protect both confidential information and prevent the poaching of employees, customers, or business partners. It is particularly relevant in situations involving business partnerships, employee departures, or service provider relationships where one party gains significant insight into another's business operations and relationships. The document, governed by Irish law, includes specific provisions addressing both the confidentiality of sensitive information and restrictions on solicitation activities. It is structured to comply with Irish competition law requirements regarding reasonable restrictions while providing robust protection for legitimate business interests. The agreement is commonly used in business transactions, partnerships, employment relationships, and service arrangements where access to confidential information and business relationships needs to be carefully managed.
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Key Requirements PROMPT example:
Non Solicitation NDA
"I need a Non Solicitation NDA to protect my technology consulting firm's interests when engaging with a new service provider in January 2025, specifically to prevent them from poaching our employees and clients while ensuring protection of our proprietary methodologies."
1. Parties: Identification of all parties to the agreement, including registered addresses and company numbers
2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement
3. Definitions: Definitions of key terms including 'Confidential Information', 'Business Relationship', 'Restricted Period', and 'Restricted Persons'
4. Confidentiality Obligations: Core confidentiality provisions, including scope of confidential information and standard of care
5. Non-Solicitation Covenants: Specific provisions preventing solicitation of employees, customers, and business relationships
6. Duration and Territory: Time period and geographical scope of the non-solicitation restrictions
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed
8. Return of Confidential Information: Obligations regarding the return or destruction of confidential information
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
11. Execution: Signature blocks and execution formalities
1. Non-Competition: Additional restrictions on competitive activities, if appropriate for the business relationship
2. Data Protection: Specific GDPR compliance provisions when personal data is involved in the confidential information
3. Survival: Specific provisions about which obligations survive termination of the agreement
4. Assignment and Succession: Rights to assign the agreement, particularly relevant for corporate groups
5. Independent Contractor: Clarification of relationship between parties when needed
6. Severability: Specific severability provisions for international arrangements
7. Third Party Rights: Rights of third parties under the agreement, particularly relevant for group companies
1. Schedule 1 - Confidential Information: Detailed description or categories of confidential information covered
2. Schedule 2 - Restricted Persons: List of specific individuals or categories of persons covered by non-solicitation provisions
3. Schedule 3 - Restricted Territory: Detailed description of geographical areas covered by restrictions
4. Schedule 4 - Restricted Business Activities: Detailed description of business activities covered by the agreement
5. Appendix A - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved
6. Appendix B - Security Requirements: Specific security measures required for protecting confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Professional Services
Healthcare
Pharmaceutical
Manufacturing
Retail
Telecommunications
Software Development
Management Consulting
Legal Services
Recruitment
Information Technology
Banking
Insurance
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Sales
Operations
Finance
Procurement
Commercial
Information Technology
Research and Development
Professional Services
Customer Relations
Partner Management
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Business Development Manager
Chief Technology Officer
Project Manager
Sales Director
Operations Manager
Chief Financial Officer
Recruitment Manager
Department Head
Senior Consultant
Account Manager
Partnership Manager
Procurement Manager
Commercial Director
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