This NDA Trade Secret agreement is essential for businesses operating in Ireland who need to protect valuable confidential information and trade secrets while sharing them with third parties. It provides comprehensive protection under Irish law and the EU Trade Secrets Directive, making it suitable for both domestic Irish operations and cross-border business relationships within the EU. The document should be used when sharing sensitive technical, commercial, or operational information that qualifies as a trade secret under Irish law, particularly in situations involving product development, manufacturing processes, or business collaborations. It includes specific provisions for security measures, permitted disclosures, and enforcement mechanisms aligned with Irish legal requirements, while ensuring compliance with related regulations such as GDPR, competition law, and employment law.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company numbers
2. Background: Context of the agreement and the purpose for sharing trade secrets
3. Definitions: Key terms including 'Trade Secrets', 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes trade secrets and confidential information under Irish law
5. Obligations of Confidentiality: Core confidentiality obligations, including storage, handling, and protection requirements
6. Permitted Disclosures: Circumstances under which disclosure is permitted, including to employees, advisors, and as required by law
7. Security Measures: Specific measures required to protect trade secrets, aligned with EU Trade Secrets Directive requirements
8. Term and Survival: Duration of the agreement and obligations that survive termination
9. Return or Destruction: Requirements for handling confidential information upon termination
10. Breach and Remedies: Consequences of breach and available remedies under Irish law
11. General Provisions: Standard provisions including notices, amendments, and severability
12. Governing Law and Jurisdiction: Irish law as governing law and jurisdiction of Irish courts
1. Employee and Contractor Obligations: Used when the receiving party needs to share information with employees or contractors
2. Data Protection Compliance: Required when trade secrets include personal data subject to GDPR
3. Cross-Border Transfers: Needed when trade secrets may be transferred outside Ireland/EU
4. Non-Compete Provisions: Optional restrictions on competitive activities, subject to Irish competition law
5. Protected Disclosures Carve-Out: Required when the agreement involves employees, to comply with Irish whistleblower protection laws
6. Audit Rights: Optional right to audit compliance with security measures
7. Insurance Requirements: Used when requiring specific insurance coverage for trade secret protection
8. Alternative Dispute Resolution: Optional mediation or arbitration provisions before court proceedings
1. Schedule 1 - Description of Trade Secrets: Detailed listing and description of specific trade secrets covered
2. Schedule 2 - Security Protocols: Specific security measures and protocols required for protection
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle trade secrets
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of trade secrets
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality agreements to be signed by employees/contractors
6. Appendix B - Data Processing Requirements: GDPR compliance requirements if personal data is involved
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceutical
Manufacturing
Financial Services
Software Development
Biotechnology
Research & Development
Professional Services
Healthcare
Industrial Design
Chemical
Food & Beverage
Telecommunications
Aerospace
Automotive
Energy
Relevant Teams
Legal
Research and Development
Product Development
Information Security
Intellectual Property
Human Resources
Procurement
Executive Leadership
Operations
Manufacturing
Innovation
Commercial
Compliance
Information Technology
Business Development
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Legal Officer
General Counsel
Legal Counsel
Intellectual Property Manager
Research Director
Development Manager
Innovation Manager
Business Development Director
Commercial Director
Project Manager
Product Manager
Manufacturing Manager
Operations Director
HR Director
Procurement Manager
Technology Transfer Officer
Information Security Officer
Compliance Officer
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