This Trade Secret NDA is designed for use in situations where a business needs to protect highly valuable proprietary information that qualifies as a trade secret under English and Welsh law. It provides more specific and robust protection than a standard NDA, incorporating requirements from the Trade Secrets (Enforcement, etc.) Regulations 2018 and established common law principles. The agreement is particularly suitable for protecting manufacturing processes, formulas, algorithms, or other business methods that derive their commercial value from secrecy.
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1. Parties: Identification of contracting parties and their registered addresses
2. Background: Context of the agreement, purpose, and relationship between parties
3. Definitions: Key terms used in the agreement including definition of trade secrets and confidential information
4. Confidential Information: Detailed scope of protected information and trade secrets
5. Obligations of Confidentiality: Core confidentiality duties and protection requirements
6. Permitted Use: Specified authorized uses of confidential information and trade secrets
7. Term and Termination: Duration of confidentiality obligations and termination provisions
8. Return of Information: Requirements for returning or destroying confidential information upon termination
1. Employee Obligations: Specific provisions for employee compliance and post-employment restrictions
2. Data Protection: GDPR and Data Protection Act compliance provisions for personal data handling
3. Intellectual Property: Provisions relating to IP rights and their interaction with trade secrets
4. International Transfer: Provisions governing cross-border transfer of confidential information
1. Schedule 1 - Description of Trade Secrets: Detailed categorization and description of protected trade secrets and confidential information
2. Schedule 2 - Authorized Personnel: List of individuals authorized to access and handle the confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting confidential information
4. Schedule 4 - Return/Destruction Certificate: Template certificate confirming the return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
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Relevant Roles
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