The NDA Subcontractor agreement is essential for businesses operating in Ireland that engage subcontractors and need to protect their confidential information, trade secrets, and sensitive data. This document is specifically designed to address the unique aspects of subcontractor relationships where access to proprietary information is required for project execution. It ensures compliance with Irish law, including the Data Protection Act 2018, GDPR requirements, and the European Union (Protection of Trade Secrets) Regulations 2018. The agreement is particularly relevant when subcontractors need access to sensitive business information, technical specifications, client data, or proprietary processes, and provides mechanisms for protecting such information during and after the subcontractor engagement.
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1. Parties: Identifies the disclosing party, receiving party (subcontractor), and any relevant parent companies or affiliates
2. Background: Sets out the context of the subcontractor relationship and purpose of sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets'
4. Scope of Confidentiality: Details what information is considered confidential and exclusions from confidentiality obligations
5. Obligations of the Subcontractor: Sets out the specific duties and standards of care required in handling confidential information
6. Permitted Disclosures: Specifies circumstances under which confidential information may be shared and with whom
7. Data Protection: Addresses GDPR compliance and data protection obligations
8. Security Measures: Specifies required security measures for protecting confidential information
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Duration and Survival: Specifies the term of the agreement and which provisions survive termination
11. Breach and Remedies: Details consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP - use when sharing technical information or trade secrets
2. Non-Competition: Restrictions on competitive activities - include when subcontractor could potentially compete with the business
3. Non-Solicitation: Prevents poaching of employees or clients - use when subcontractor has access to employee or client information
4. Audit Rights: Rights to audit subcontractor's compliance - include for high-risk or regulated industries
5. Insurance Requirements: Specific insurance requirements for subcontractor - use when handling particularly sensitive information
6. Assignment and Subcontracting: Controls on further subcontracting - include when there's risk of unauthorized delegation
7. Data Processing Terms: Detailed data processing obligations - include when substantial personal data processing is involved
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Permitted Purpose: Detailed description of the authorized purposes for using confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
5. Appendix A - Data Processing Details: Details of any data processing activities including categories of data and processing purposes
6. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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