NON-DISCLOSURE AGREEMENT  THIS AGREEMENT becomes effective on the last date of signature by one of the parties.  BETWEEN:  The European Chemicals Agency in Helsinki, ECHA (hereinafter called "the Agency"), which  is represented for the purposes of the signature of this Agreement by Mr Bjorn Hansen,  Executive Director,  And  [full official name]  [official legal form] [statutory registration number] [full official address]  [VAT registration number]  (hereinafter referred to as "the Company"), represented for the purposes of the signature of  this Agreement by  [forename, surname and function,] RELATING TO the disclosure of confidential information exchanged during the Open  Procurement Procedure ECHA/2020/666 for the provision  of IT Services for ECHA’s Bespoke  Applications Sourcing Tiers (hereinafter called "the Procedure")  WHEREAS:  A. The Agency is obliged due to the nature of its mandate to maintain the highest  standards of security and confidentiality in the performance of its legal duties and  obligations.  B. The Agency shall protect the fundamental rights and freedoms of natural   persons, and in particular their right to privacy with respect to the processing of  personal data pursuant to Regulation (EU) No 2018/1725 on the protection of  individuals with regard to the processing of personal data by the Community  institutions and bodies and on the free movement of such data. Personal data  processed under the Procedure shall be confidential within the meaning of Regulation  (EC) No 2018/1725.  C. Each party possesses valuable information, technical knowledge, experience and  data of a secret and confidential nature, which may be regarded as assets of  scientific, business and commercial value.  D. In the context of the Procedure each party is willing to disclose such information to  the other on the condition that the other does not disclose the same to any third  party, nor make use thereof in any manner except as set out below.  E. Prior to the reception of the non-publicly available documents, specified and forming  part of the procurement documents of the Procedure, the tenderers will be required  to sign a Non-Disclosure Agreement (NDA) with the Agency. The tenderers may use  the information received from the Agency in the context of this Procedure solely for  the purpose of preparing and submitting a tender, or for implementing the contract  in case of award.  NOW IT IS HEREBY AGREED as follows:  1  CONFIDENTIAL INFORMATION  Page 2 of 4 