The Supplier Confidentiality Agreement is essential when companies need to share sensitive or proprietary information with their suppliers during business operations. This document, governed by Belgian law, is typically used before commencing detailed business discussions or during ongoing supplier relationships where confidential information needs to be exchanged. It provides legal protection for trade secrets, technical know-how, business processes, and other proprietary information, ensuring compliance with Belgian civil law and relevant EU regulations. The agreement is particularly important in situations involving product development, manufacturing processes, or access to internal systems and data. It should be put in place before any confidential information is shared and remains effective throughout the business relationship and beyond, as specified in the agreement terms.
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1. Parties: Identification of the disclosing party (typically the company) and receiving party (the supplier), including full legal names, registration numbers, and registered addresses
2. Background: Context of the relationship between the parties and purpose of sharing confidential information
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Authorized Recipients'
4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, advisors, or as required by law
6. Security Measures: Required technical and organizational measures to protect 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 after termination
9. Breach and Remedies: Consequences of breach, including injunctive relief and damages
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection: Additional provisions when confidential information includes personal data subject to GDPR
2. Intellectual Property: Specific provisions regarding IP rights in confidential information, particularly relevant for technical or innovative suppliers
3. Export Control: Required when confidential information may be subject to export control regulations
4. Reverse Engineering: Prohibition on reverse engineering, particularly relevant for technical products or software
5. Residual Knowledge: Provisions addressing use of general knowledge retained by supplier personnel
6. Audit Rights: Right to audit supplier's compliance with confidentiality obligations, important for highly sensitive information
7. Insurance: Requirements for supplier to maintain specific insurance coverage for data/confidentiality breaches
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of specific individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Requirements: Detailed technical and organizational security measures required
4. Schedule 4 - Return/Destruction Certificate: Form of certificate to be signed confirming return or destruction of confidential information
5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors who may receive confidential information
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Pharmaceuticals
Financial Services
Professional Services
Research & Development
Healthcare
Telecommunications
Energy
Automotive
Aerospace
Chemical
Consumer Goods
Industrial Equipment
Biotechnology
Relevant Teams
Legal
Procurement
Supply Chain
Vendor Management
Compliance
Risk Management
Information Security
Research & Development
Operations
Commercial
Business Development
Project Management
Relevant Roles
Procurement Manager
Legal Counsel
Supply Chain Director
Vendor Management Specialist
Contract Manager
Chief Legal Officer
Head of Procurement
Commercial Director
Risk Manager
Compliance Officer
Business Development Manager
Project Manager
Research & Development Director
Chief Technology Officer
Information Security Officer
Operations Manager
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