The Vendor Confidentiality Agreement is essential when organizations need to share sensitive information with external vendors while maintaining control over its use and disclosure. This document, governed by Dutch law, is typically used before engaging in detailed business discussions or during ongoing vendor relationships where access to confidential information is required. It incorporates specific provisions aligned with Dutch civil law, EU GDPR, and the Dutch Trade Secrets Protection Act, making it suitable for both domestic and international vendor relationships. The agreement serves as a crucial risk management tool, particularly important in today's digital business environment where data protection and confidentiality are paramount. It should be implemented before any sensitive information is shared with vendors and remains active throughout the business relationship.
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1. Parties: Identification of the disclosing party and receiving party (vendor), including full legal names and registered addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information
3. Definitions: Definition of key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be shared with third parties
7. Security Measures: Required technical and organizational measures to protect confidential information
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 provisions that survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR
2. Employee and Subcontractor Obligations: Include when vendor needs to share information with its employees or subcontractors
3. Export Control: Required when confidential information is subject to export control regulations
4. Non-Solicitation: Optional provision preventing solicitation of employees or customers
5. Intellectual Property Rights: Include when confidential information includes IP or when IP might be created during the relationship
6. Audit Rights: Optional provision allowing audits of vendor's compliance with confidentiality obligations
7. Insurance Requirements: Include when requiring vendor to maintain specific insurance coverage for data breaches
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered
2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required
3. Schedule 3 - Authorized Recipients: List of pre-approved individuals or roles who may access confidential information
4. Appendix A - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
5. Appendix B - Confidentiality Undertaking: Template undertaking for employees or subcontractors who will access confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Retail
Telecommunications
Energy
Construction
Pharmaceuticals
Automotive
Consumer Goods
Media and Entertainment
Education
Research and Development
Relevant Teams
Legal
Procurement
Information Security
Risk and Compliance
Information Technology
Data Protection
Operations
Supply Chain
Finance
Business Development
Project Management
Relevant Roles
Procurement Manager
Legal Counsel
Vendor Manager
Contract Manager
Chief Information Security Officer
Data Protection Officer
IT Director
Chief Technology Officer
Supply Chain Manager
Risk Manager
Compliance Officer
Business Development Manager
Project Manager
Operations Director
Chief Financial Officer
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