This Vendor NDA is designed for use when engaging with third-party service providers, suppliers, or contractors who need access to confidential information to provide their services. The document is governed by Irish law and incorporates requirements from both Irish domestic legislation and EU regulations, particularly regarding data protection and trade secrets. It provides comprehensive protection for various types of confidential information, including trade secrets, proprietary information, personal data, and business strategies. The agreement is structured to be robust enough for complex vendor relationships while remaining adaptable for different business contexts, and includes specific provisions for compliance with Irish commercial law and GDPR requirements. This template should be used at the outset of any vendor relationship where confidential information will be shared, and can be customized based on the specific nature of the vendor relationship and the type of confidential information involved.
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1. Parties: Identification of the disclosing party and receiving party (vendor), including registered addresses and company numbers
2. Background: Context of the vendor relationship and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', 'Trade Secrets', and 'Personal Data'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and explicit exclusions
5. Obligations of Confidentiality: Core confidentiality obligations, standard of care, and security measures required
6. Permitted Disclosures: Circumstances under which confidential information may be shared and requirements for such sharing
7. Protection of Confidential Information: Specific security measures and protocols required for protecting confidential information
8. Return or Destruction of Confidential Information: Requirements and procedures for returning or destroying confidential information upon request or termination
9. Duration and Survival: Term of the agreement and survival of obligations post-termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation
1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved
2. Subcontractors: Terms governing the vendor's use of subcontractors and ensuring their compliance
3. Insurance Requirements: Specific insurance requirements for vendors handling highly sensitive information
4. Audit Rights: Rights to audit vendor's compliance with security and confidentiality obligations
5. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP
6. Competition Law Compliance: Specific provisions ensuring compliance with competition laws when vendors operate in sensitive markets
7. Source Code Protection: Special provisions for protecting source code when software-related information is shared
1. Schedule 1 - Description of Confidential Information: Detailed categorization of types of confidential information covered
2. Schedule 2 - Security Requirements: Specific security protocols and standards required for different types of confidential information
3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information
4. Appendix A - Data Processing Requirements: Specific requirements for processing personal data under GDPR, if applicable
5. Appendix B - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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