The Supplier Confidentiality Agreement is essential for businesses operating under Danish jurisdiction that need to share sensitive information with their suppliers while maintaining control over its use and disclosure. This document is typically used before engaging in detailed business discussions or commencing a supplier relationship where confidential information needs to be exchanged. It ensures compliance with Danish trade secrets legislation, the Danish Contracts Act, and relevant EU regulations, particularly when dealing with personal data under GDPR. The agreement is designed to protect various types of confidential information including technical specifications, business strategies, customer data, pricing information, and intellectual property. It sets out clear obligations for suppliers regarding information handling, permitted uses, security measures, and return or destruction of confidential materials.
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Key Requirements PROMPT example:
Supplier Confidentiality Agreement
I need a Supplier Confidentiality Agreement under Danish law for our new software development partner who will have access to our source code and customer data; it needs to include strong data protection provisions and specific technical security requirements.
1. Parties: Identification of the disclosing party (typically the company) and receiving party (the supplier), including full legal names and registered addresses
2. Background: Context of the relationship between the parties and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Termination: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
1. Non-Solicitation: Prevents supplier from soliciting employees or customers, included when there's significant interaction with key personnel or customers
2. Data Protection Compliance: Specific obligations regarding personal data handling, required when confidential information includes personal data
3. Intellectual Property Rights: Clarification of IP ownership and rights, included when confidential information includes IP-sensitive material
4. Export Control: Compliance with export control regulations, needed when dealing with international suppliers or controlled technologies
5. Insurance Requirements: Specific insurance requirements for the supplier, included for high-risk or high-value relationships
6. Audit Rights: Right to audit supplier's compliance with confidentiality obligations, useful for highly sensitive information or regulated industries
1. Schedule 1 - Specified Confidential Information: Detailed list of specific categories or items of confidential information covered
2. Schedule 2 - Security Protocols: Detailed security measures and protocols required for handling 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, if applicable under GDPR
Authors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Healthcare
Financial Services
Professional Services
Retail
Telecommunications
Pharmaceutical
Automotive
Energy
Consumer Goods
Information Technology
Research and Development
Biotechnology
Defense
Relevant Teams
Legal
Procurement
Supply Chain
Compliance
Information Security
Data Protection
Vendor Management
Risk Management
Operations
Information Technology
Research and Development
Business Development
Contract Management
Relevant Roles
Procurement Manager
Legal Counsel
Supply Chain Director
Vendor Relations Manager
Compliance Officer
Chief Information Security Officer
Data Protection Officer
Contract Manager
Chief Technology Officer
Risk Manager
Operations Director
Project Manager
Business Development Manager
Research Director
Information Security Manager
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