Non Disclosure Agreement Due Diligence

Non Disclosure Agreement Due Diligence Template for Ireland

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Key Requirements PROMPT example:

"I need a Non Disclosure Agreement Due Diligence for a potential acquisition of an Irish tech startup by our UK-based software company, with specific provisions for protecting source code and customer data, to be completed by March 2025."

Document background

This Non Disclosure Agreement Due Diligence template is essential for any corporate transaction under Irish law where sensitive business information needs to be shared for evaluation purposes. The document is typically used in the early stages of mergers, acquisitions, investments, or strategic partnerships, where detailed company information must be disclosed to potential buyers or investors. It ensures compliance with Irish and EU regulations, including GDPR and trade secrets protection, while facilitating necessary information sharing. The agreement covers various types of confidential information including financial data, customer information, intellectual property, employee details, and business strategies, with specific provisions for both physical and digital data room access. This document type is particularly crucial given Ireland's position as a major European business hub and the increasing complexity of cross-border transactions.

Suggested Sections

1. Parties: Identification of the disclosing party, receiving party, and any relevant affiliated entities

2. Background: Context of the due diligence process and purpose of the agreement

3. Definitions: Key terms including Confidential Information, Permitted Purpose, Representatives, etc.

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the due diligence context

5. Permitted Disclosure: Circumstances under which confidential information may be shared and with whom

6. Obligations of Receiving Party: Core confidentiality obligations, security measures, and standard of care

7. Data Protection Compliance: GDPR and Data Protection Act 2018 compliance requirements

8. Return or Destruction of Information: Procedures for handling confidential information after due diligence concludes

9. Term and Survival: Duration of the agreement and surviving obligations

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard boilerplate including governing law, jurisdiction, entire agreement, etc.

Optional Sections

1. Clean Team Arrangements: Used when highly sensitive commercial information requires restricted access

2. Competition Law Compliance: Required when parties are competitors or in same industry

3. Third Party Rights: Needed when third party information might be disclosed or third parties might need enforcement rights

4. Data Room Rules: Include when virtual data room will be used for due diligence

5. Inside Information: Required when target is publicly listed and insider trading regulations apply

6. Specific Technology Protections: Used when IT systems, software, or technical information will be disclosed

7. Non-Solicitation Provisions: Optional protection against hiring key employees identified during due diligence

Suggested Schedules

1. Schedule 1 - Authorized Representatives: List of individuals authorized to access confidential information

2. Schedule 2 - Security Protocols: Specific security measures and procedures for handling confidential information

3. Schedule 3 - Permitted Purpose Details: Detailed description of the transaction or purpose for which information is shared

4. Schedule 4 - Data Processing Requirements: Specific GDPR and data protection compliance requirements

5. Appendix A - Information Categories: Categories of confidential information to be disclosed

6. Appendix B - Return/Destruction Certificate: Form of certificate confirming return or destruction of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Technology

Healthcare

Manufacturing

Real Estate

Professional Services

Retail

Energy

Telecommunications

Life Sciences

Industrial

Consumer Goods

Media and Entertainment

Infrastructure

Education

Relevant Teams

Legal

Finance

Corporate Development

Mergers & Acquisitions

Compliance

Risk Management

Information Security

Data Protection

Business Development

Investment

Executive Leadership

Corporate Secretariat

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Counsel

Corporate Development Director

M&A Director

Due Diligence Manager

Investment Director

Legal Counsel

Compliance Officer

Data Protection Officer

Business Development Director

Transaction Manager

Corporate Secretary

Risk Manager

Investment Analyst

Find the exact document you need

Basic NDA Form

Standard Irish law non-disclosure agreement for protecting confidential business information and trade secrets.

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Let's create your Non Disclosure Agreement Due Diligence

Authors

Alex Denne

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