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Simple Confidentiality Agreement Template for Ireland

A Simple Confidentiality Agreement governed by Irish law that establishes a legally binding framework for protecting confidential information shared between parties. This agreement outlines the obligations for handling sensitive information, defines what constitutes confidential information, and specifies permitted uses and disclosures. It incorporates key requirements under Irish legislation, including compliance with GDPR where applicable, and provides clear mechanisms for the protection, return, or destruction of confidential information. The document is designed to be straightforward while maintaining comprehensive protection for the disclosing party's sensitive information.

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What is a Simple Confidentiality Agreement?

This Simple Confidentiality Agreement is essential for businesses and individuals operating under Irish jurisdiction who need to protect sensitive information during business discussions, negotiations, or collaborations. The document is commonly used before entering into detailed business discussions, during due diligence processes, or when engaging with contractors, consultants, or potential business partners. It ensures compliance with Irish law, including the Data Protection Act 2018 and the European Communities (Protection of Trade Secrets) Regulations 2018. This agreement is particularly valuable when parties need to share sensitive business information, trade secrets, technical data, or other confidential materials while maintaining control over their use and disclosure. The simple format makes it suitable for straightforward business relationships while providing robust protection for confidential information.

What sections should be included in a Simple Confidentiality Agreement?

1. Parties: Identification of the disclosing party and receiving party, including full legal names and registered addresses

2. Background: Brief context explaining why the parties are entering into the confidentiality agreement

3. Definitions: Defines key terms including 'Confidential Information', 'Purpose', 'Representatives', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

7. Term and Survival: Duration of the confidentiality obligations and which provisions survive termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

9. Governing Law and Jurisdiction: Specifies Irish law as governing law and Irish courts' jurisdiction

10. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties

11. Execution: Signature blocks and execution provisions

What sections are optional to include in a Simple Confidentiality Agreement?

1. Data Protection: Additional section required when confidential information includes personal data under GDPR

2. Security Requirements: Specific security measures required for protecting confidential information, especially relevant for technical or highly sensitive information

3. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship

4. Non-Competition: Restrictions on competitive activities, if appropriate for the business context

5. Publicity: Restrictions on public announcements or use of party names/logos

6. Remedies: Specific remedies for breach, including injunctive relief provisions

What schedules should be included in a Simple Confidentiality Agreement?

1. Schedule 1 - Specified Purpose: Detailed description of the purpose for which confidential information may be used

2. Schedule 2 - Specific Types of Confidential Information: List of specific categories or types of confidential information covered

3. Schedule 3 - Authorized Representatives: List of individuals or roles authorized to receive confidential information

4. Appendix A - Security Requirements: Details of specific security measures required, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Ireland

Publisher

Ƶ

Cost

Free to use

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