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Consultant Confidentiality Agreement
"I need a Consultant Confidentiality Agreement for a technology startup in Malaysia engaging multiple IT consultants starting March 2025, with special focus on protecting our software development processes and customer data."
1. Parties: Identifies and provides full details of the parties entering into the agreement - the company (disclosing party) and the consultant (receiving party)
2. Background: Sets out the context of the agreement, nature of the consulting relationship, and purpose of sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Permitted Recipients', and other relevant terms
4. Scope of Confidentiality: Details what constitutes confidential information and the extent of protection required
5. Obligations of Confidentiality: Specifies the consultant's duties regarding confidential information, including storage, handling, and non-disclosure obligations
6. Permitted Disclosures: Outlines circumstances under which confidential information may be disclosed and to whom
7. Security Measures: Specifies the security measures required to protect confidential information
8. Return or Destruction of Information: Procedures for returning or destroying confidential information upon termination or request
9. Duration of Obligations: Specifies how long the confidentiality obligations remain in force
10. Breach and Remedies: Outlines consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard contract clauses including governing law, jurisdiction, entire agreement, and variation
1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, particularly relevant when consultant may create or modify IP during engagement
2. Data Protection Compliance: Specific obligations regarding personal data handling under PDPA 2010, necessary when consultant may access personal data
3. Non-Competition: Restrictions on competitive activities, included when consultant may gain competitive advantage from confidential information
4. Non-Solicitation: Prevents consultant from soliciting company's employees or clients, included for senior consultants or those with client contact
5. Publicity and Announcements: Controls on public statements about the relationship, relevant for high-profile consultants or sensitive projects
6. Insurance Requirements: Obligations to maintain professional indemnity or cyber insurance, relevant for high-risk projects
7. Audit Rights: Company's right to audit consultant's compliance, important for highly sensitive information or regulated industries
1. Schedule 1 - Description of Services: Detailed description of consulting services and context for confidential information access
2. Schedule 2 - Categories of Confidential Information: Specific types of confidential information covered by the agreement
3. Schedule 3 - Approved Security Measures: Detailed technical and organizational security measures required
4. Schedule 4 - Permitted Recipients: List of individuals or roles authorized to receive confidential information
5. Appendix A - Data Processing Terms: Detailed terms for personal data processing if required under PDPA 2010
Authors
Technology and Software
Financial Services
Healthcare
Manufacturing
Professional Services
Energy and Utilities
Telecommunications
Real Estate
Education
Research and Development
Biotechnology
E-commerce
Construction
Media and Entertainment
Retail
Legal
Human Resources
Procurement
Information Technology
Operations
Research and Development
Finance
Compliance
Risk Management
Innovation
Business Development
Project Management
Chief Executive Officer
Legal Counsel
Human Resources Director
Procurement Manager
Project Manager
Business Development Manager
IT Security Manager
Operations Director
Research Director
Finance Manager
Compliance Officer
Risk Manager
Department Head
Technical Lead
Innovation Manager
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