The Vendor Non-Disclosure Agreement is essential when engaging third-party vendors or suppliers who will have access to confidential business information. This document should be used before sharing any sensitive information with potential or actual vendors, ensuring legal protection under Irish law. It covers various types of confidential information including trade secrets, proprietary technology, customer data, business strategies, and intellectual property. The agreement incorporates requirements from Irish legislation, including the European Union (Protection of Trade Secrets) Regulations 2018 and GDPR compliance where relevant. It is particularly important in vendor relationships where services involve access to sensitive systems, data, or business processes, providing clear guidelines for information handling and consequences of breach.
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1. Parties: Identification of the disclosing party (typically the company) and receiving party (the vendor), including full legal names and registered addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', 'Term', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including examples specific to the business relationship
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and security measures
6. Permitted Use and Disclosure: Specific circumstances under which confidential information may be used or disclosed, including vendor service delivery context
7. Security Measures: Required security measures for protecting confidential information, both physical and digital
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific section for GDPR compliance when personal data is involved in the confidential information
2. Intellectual Property Rights: Additional provisions when confidential information includes IP rights or when IP might be created during the vendor relationship
3. Export Control: Include when confidential information may be subject to export control regulations
4. Competitive Activity Restrictions: Additional restrictions on vendor's competitive activities, if relevant to the business relationship
5. Third Party Rights: Section addressing rights of third parties under the Irish Contracts (Rights of Third Parties) Act, if applicable
6. Insurance Requirements: Specific insurance obligations for the vendor regarding confidential information protection
1. Schedule 1 - Description of Services: Detailed description of vendor services to provide context for permitted use of confidential information
2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required for protecting confidential information
3. Schedule 3 - Authorized Representatives: List of authorized personnel from both parties who may access confidential information
4. Appendix A - Information Classification Guidelines: Guidelines for classification levels of confidential information and corresponding handling requirements
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