The Consultant Confidentiality Agreement is essential for organizations engaging external consultants who need access to sensitive business information. This document, governed by New Zealand law including the Contract and Commercial Law Act 2017 and Privacy Act 2020, establishes the framework for protecting confidential information during and after the consulting engagement. It is particularly crucial in today's business environment where organizations regularly engage external expertise while needing to safeguard their intellectual property, trade secrets, and other sensitive information. The agreement covers various aspects including definition of confidential information, permitted uses, security measures, and post-engagement obligations, making it suitable for both short-term and long-term consulting relationships across different industries.
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1. Parties: Identifies and provides full details of the parties entering into the agreement, including the disclosing party and the consultant
2. Background: Sets out the context of the agreement, including the nature of the consulting relationship and the need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Clearly identifies what information is considered confidential under the agreement
5. Confidentiality Obligations: Details the consultant's specific obligations regarding the protection and non-disclosure of confidential information
6. Permitted Uses and Disclosures: Specifies the authorized uses of confidential information and circumstances under which disclosure is permitted
7. Security Measures: Outlines the required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Specifies requirements for handling confidential information upon termination or request
9. Term and Survival: States the duration of the agreement and which obligations survive termination
10. Breach and Remedies: Outlines the consequences of breach and available remedies
11. General Provisions: Includes standard clauses such as governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Include when the consultant may create or work with IP during the engagement
2. Data Protection Obligations: Include when personal data will be processed under NZ Privacy Act 2020
3. Non-Competition: Include when there's a need to restrict the consultant from working with competitors
4. Non-Solicitation: Include when there's a need to prevent the consultant from soliciting employees or clients
5. Publicity and Announcements: Include when there's a need to control public statements about the relationship
6. Insurance Requirements: Include when the consultant needs to maintain specific insurance coverage
7. Audit Rights: Include when the disclosing party needs rights to audit compliance
8. Third Party Disclosure: Include when the consultant may need to share information with approved third parties
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Approved Purpose: Detailed description of the permitted uses of confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings by consultant's staff or subcontractors
6. Appendix B - Data Breach Response Plan: Procedures to be followed in case of a data breach or unauthorized disclosure
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Professional Services
Manufacturing
Research and Development
Biotechnology
Energy
Telecommunications
Media and Entertainment
Retail
Education
Construction
Mining and Resources
Legal Services
Relevant Teams
Legal
Human Resources
Procurement
Project Management Office
Information Technology
Research and Development
Operations
Risk and Compliance
Corporate Services
Information Security
Business Development
Innovation
Relevant Roles
Legal Counsel
HR Manager
Procurement Manager
Project Manager
Business Development Manager
Chief Executive Officer
Chief Technology Officer
Operations Manager
Research Director
Innovation Manager
Department Head
Compliance Officer
Risk Manager
Contract Administrator
Technical Consultant
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