This Government Non Disclosure Agreement is essential for Canadian government entities when sharing sensitive or classified information with internal or external parties. It is specifically designed to comply with Canadian federal and provincial legislation, including the Privacy Act, Access to Information Act, and Security of Information Act. The document is typically used when government departments need to share confidential information with contractors, consultants, other government agencies, or private sector partners. It includes specific provisions for different security classification levels, handling procedures for sensitive information, and compliance requirements unique to government operations. The agreement addresses both standard confidentiality requirements and specific government-related considerations such as ATIP requests, security clearances, and public interest disclosure provisions.
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1. Parties: Identifies the Government department/agency and the individual/entity bound by the agreement
2. Background: Explains the context and purpose of the NDA, including the relationship between parties
3. Definitions: Defines key terms including 'Confidential Information', 'Security Classification Levels', 'Authorized Persons', and 'Government Information'
4. Scope of Confidential Information: Details what constitutes confidential information, including security classification levels and categories
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and ATIP requests
7. Security Protocols: Specific security measures required for handling different levels of classified information
8. Return or Destruction of Information: Requirements for returning or destroying confidential information upon request or termination
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Consequences: Consequences of breach, including reference to relevant legislation and potential penalties
11. Governing Law and Jurisdiction: Specifies Canadian federal law governance and jurisdiction
12. Execution: Signature blocks and execution requirements
1. International Transfers: Required when confidential information may be transferred across international borders
2. Third Party Access: Include when contractors or consultants may need access to confidential information
3. Whistleblower Provisions: Include specific reference to Public Servants Disclosure Protection Act when recipient is a public servant
4. Security Clearance Requirements: Include when agreement involves classified information requiring specific security clearance levels
5. Intellectual Property Rights: Include when confidential information includes IP owned by the Crown
6. Digital Information Handling: Include specific provisions for electronic storage and transmission of confidential information
7. Parliamentary Privilege: Include when agreement involves parliamentary offices or staff
8. Indigenous Knowledge Provisions: Include when confidential information includes traditional knowledge or indigenous data
1. Schedule A - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule B - Security Protocols: Detailed security procedures for different classification levels
3. Schedule C - Authorized Personnel: List of individuals authorized to access the confidential information
4. Schedule D - Information Handling Procedures: Specific procedures for handling, storing, and transmitting confidential information
5. Appendix 1 - Security Classification Guide: Guide to government security classification levels and their requirements
6. Appendix 2 - Incident Reporting Procedures: Procedures for reporting security incidents or breaches
Relevant legal definitions
Clauses
Relevant Industries
Public Administration
Defense
National Security
Healthcare
Information Technology
Research and Development
Infrastructure
Energy
Transportation
Environmental Services
Financial Services
Education
Telecommunications
Professional Services
Natural Resources
Relevant Teams
Legal
Compliance
Information Security
Government Relations
Procurement
Risk Management
Data Protection
Public Affairs
Research and Development
Operations
Information Technology
Human Resources
Security Operations
Contract Administration
Executive Leadership
Relevant Roles
Government Contract Manager
Security Clearance Officer
Privacy Officer
Information Security Specialist
Government Relations Director
Public Sector Consultant
Research Scientist
Project Manager
Legal Counsel
Systems Administrator
Data Protection Officer
Chief Information Security Officer
Government Affairs Manager
Procurement Officer
Policy Analyst
Executive Director
Department Head
Program Administrator
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