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Subcontractor Confidentiality Agreement

Subcontractor Confidentiality Agreement Template for England and Wales

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Key Requirements PROMPT example:

Subcontractor Confidentiality Agreement

"I need a Subcontractor Confidentiality Agreement for a software development project where we'll be sharing sensitive client data and proprietary code with an offshore development team in India, with the agreement to take effect from March 2025."

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Document background
The Subcontractor Confidentiality Agreement is essential when engaging third-party service providers who need access to sensitive business information. This agreement, governed by English and Welsh law, establishes clear obligations and protections for confidential information, including trade secrets, intellectual property, and commercially sensitive data. It is particularly crucial in projects where subcontractors require access to proprietary information, customer data, or business processes to perform their services.
Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including registered addresses and company numbers

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement, particularly the definition of confidential information

4. Confidentiality Obligations: Core obligations regarding handling and protecting confidential information

5. Permitted Uses: Specified circumstances under which confidential information may be used

6. Duration: Term of the confidentiality obligations

7. Return of Information: Requirements for returning or destroying confidential information

8. Breach and Remedies: Consequences of breach and available remedies

Optional Sections

1. Data Protection: Specific obligations regarding personal data when personal data will be processed

2. Intellectual Property: Provisions regarding IP rights in confidential information when confidential information includes IP

3. Security Measures: Specific security requirements for information handling when dealing with highly sensitive information

4. Audit Rights: Right to audit compliance with confidentiality obligations for high-risk relationships or regulated industries

Suggested Schedules

1. Description of Confidential Information: Detailed list or categories of confidential information covered

2. Approved Recipients: List of authorized individuals or roles who may access the information

3. Security Protocols: Detailed security procedures and requirements when specific security measures are required

4. Data Processing Requirements: Specific requirements for handling personal data when personal data is involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Data Protection Act 2018: UK implementation of GDPR, governing the processing and protection of personal data and privacy requirements

Trade Secrets Regulations 2018: Legislation protecting confidential business information that provides competitive advantage

Copyright, Designs and Patents Act 1988: Protects intellectual property rights and confidential information related to copyrighted works

Freedom of Information Act 2000: Relevant for public sector contracts and exemptions related to confidential information

Law of Confidence: Common law principle protecting confidential information and trade secrets

Contract Law Principles: Fundamental principles governing formation and enforcement of contractual obligations

Doctrine of Privity of Contract: Legal principle determining who can enforce and be bound by contractual terms

Equitable Principles: Legal principles governing fair handling and protection of confidential information

Employment Rights Act 1996: Relevant when subcontractor status might overlap with worker status

Agency Workers Regulations 2010: Governs rights and obligations of temporary and agency workers

Competition Act 1998: Ensures confidentiality agreements don't create anti-competitive market conditions

Enterprise Act 2002: Regulates business practices including anti-competitive agreements and arrangements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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