We have drafted a trade secret confidentiality agreement in English

In July 2020, we were contacted by a client with whom we have worked over the past three years on a number of projects, mostly related to the revision and preparation of various types of civil and commercial contracts. This time our client contacted us again in connection with the preparation of a trade secret confidentiality agreement in English. The client assisted us by providing us with the necessary information. The agreement that we have drafted contains the following clauses:

• Identification of the parties (disclosing and receiving party);
• The purpose of disclosure of the trade secret;
• A detailed description of what is a trade secret: – definition of a trade secret; – measures taken to keep the trade secret confidential by the disclosing party; – persons having the right to access and use trade information, know-how, and technological information constituting trade secrets.
• Acquisition, use, and disclosure of trade secrets: – lawful acquisition, use, and disclosure of trade secrets; – unlawful acquisition, use, and disclosure of trade secrets.
• Rights and obligations of the parties: – non-disclosure and non-use obligations; – no rights or licenses granted; – standard of care; – notification of disclosure; – no publication; – return of confidential information.
• Compensation for non-compliance with the trade secret agreement.
• Remedies: – liability of the receiving party for breach of its obligations; – liability under the Law on Protection of Trade Secrets; – liability under the Law on Protection of Competition.
• Miscellaneous: – the time period of the confidentiality and the term the agreement; – survival clause; – no waiver; – no relationship created; – no commitment; – governing law; – amendments in writing; – communications; – entire agreement.