This Supplier Confidentiality Agreement is essential when organizations need to share sensitive information with suppliers during business operations. It is specifically designed for use under Irish law and incorporates relevant EU regulations, including the Trade Secrets Directive and GDPR where applicable. The agreement typically precedes or accompanies supplier relationships where access to proprietary information, trade secrets, technical specifications, customer data, or other confidential business information is required. It establishes clear obligations for information handling, permitted uses, security measures, and consequences of breach, while ensuring compliance with Irish legal requirements and business practices. This document is particularly crucial in protecting intellectual property and maintaining competitive advantage in supplier relationships.
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1. Parties: Identifies and provides details of the disclosing party (typically the company) and receiving party (the supplier)
2. Background: Sets out the context of the agreement and the purpose for sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, professional advisors, or as required by law
6. Security Measures: Required security measures for protecting confidential information
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which provisions survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate provisions including governing law, jurisdiction, and entire agreement
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: When confidential information includes or relates to IP rights
3. Non-Competition: When additional restrictions on supplier's competitive activities are needed
4. Non-Solicitation: When restrictions on approaching employees or customers are required
5. Audit Rights: When the disclosing party requires rights to audit the receiving party's compliance
6. Insurance Requirements: When specific insurance coverage for data breaches or confidentiality breaches is required
7. Export Control: When confidential information is subject to export control regulations
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Requirements: Specific technical and organizational security measures required
4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Form of Representative Undertaking: Template confidentiality undertaking for representatives to sign
Relevant legal definitions
Confidential Information
Permitted Purpose
Affiliate
Agreement
Authorized Representatives
Business Day
Commencement Date
Control
Data Protection Laws
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Notice
Party/Parties
Personal Data
Professional Advisors
Receiving Party
Representatives
Security Requirements
Services
Supplier
Term
Trade Secret
Working Hours
Permitted Purpose
Affiliate
Agreement
Authorized Representatives
Business Day
Commencement Date
Control
Data Protection Laws
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Notice
Party/Parties
Personal Data
Professional Advisors
Receiving Party
Representatives
Security Requirements
Services
Supplier
Term
Trade Secret
Working Hours
Clauses
Confidentiality
Information Security
Data Protection
Intellectual Property
Permitted Use
Disclosure Restrictions
Return of Information
Non-Competition
Non-Solicitation
Term and Termination
Breach and Remedies
Indemnification
Force Majeure
Assignment
Notices
Governing Law
Jurisdiction
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Counterparts
Costs
Survival
Information Security
Data Protection
Intellectual Property
Permitted Use
Disclosure Restrictions
Return of Information
Non-Competition
Non-Solicitation
Term and Termination
Breach and Remedies
Indemnification
Force Majeure
Assignment
Notices
Governing Law
Jurisdiction
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Counterparts
Costs
Survival
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Retail
Telecommunications
Pharmaceutical
Energy
Construction
Food and Beverage
Automotive
Aerospace
Research and Development
Consulting
Relevant Teams
Legal
Procurement
Supply Chain
Information Security
Compliance
Risk Management
Operations
Information Technology
Research and Development
Commercial
Data Protection
Vendor Management
Contract Administration
Relevant Roles
Procurement Manager
Legal Counsel
Supply Chain Director
Vendor Management Specialist
Contract Manager
Chief Information Security Officer
Data Protection Officer
Chief Legal Officer
Operations Director
Project Manager
Risk Manager
Compliance Officer
Commercial Director
Business Development Manager
Technical Director
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