This NDA For Suppliers template is designed for businesses operating under Maltese jurisdiction who need to share confidential information with their suppliers while ensuring legal protection. The document should be used before engaging in detailed discussions or business relationships with suppliers where sensitive information, trade secrets, technical data, or proprietary information needs to be disclosed. It incorporates requirements from Malta's Trade Secrets Act, Data Protection Act, and relevant EU regulations, making it suitable for both domestic and international supplier relationships. The agreement includes comprehensive provisions for data protection, permitted uses, security measures, and confidentiality obligations, with flexibility to accommodate various types of supplier relationships and different categories of confidential information.
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1. Parties: Identification of the disclosing party (company) and receiving party (supplier), including full legal names and registered addresses
2. Background: Context of the supplier relationship and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets' as defined under Maltese law
4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and permitted uses of confidential information
5. Permitted Disclosures: Circumstances under which the supplier may disclose information to employees, advisors, or subcontractors
6. Security Measures: Required security standards and practices for protecting confidential information
7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination
8. Duration and Survival: Term of the agreement and survival of obligations post-termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law (Malta), jurisdiction, and entire agreement
1. Data Protection: Additional provisions when confidential information includes personal data subject to GDPR
2. Intellectual Property: Specific provisions protecting IP rights when technical or proprietary information is shared
3. Subcontractors: Detailed provisions for cases where supplier needs to share information with subcontractors
4. Non-Competition: Restrictions on competitive activities, if relevant to the supplier relationship
5. Audits and Compliance: Right to audit supplier's compliance with confidentiality obligations, particularly for high-risk relationships
6. Insurance: Requirements for insurance coverage related to data breaches or confidentiality breaches
7. Force Majeure: Provisions for handling confidential information during force majeure events
1. Schedule 1 - Confidential Information: Detailed description or categorization of the confidential information covered
2. Schedule 2 - Security Requirements: Specific security protocols and standards required for protecting the confidential information
3. Schedule 3 - Authorized Representatives: List of authorized personnel who may access the confidential information
4. Appendix A - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved
5. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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