This NDA Between Company And Consultant template is specifically designed for Australian businesses engaging external consultants where confidential information needs to be shared. It is particularly relevant when companies need to disclose sensitive business information, trade secrets, intellectual property, or other confidential materials to consultants for project work, advisory services, or other professional engagements. The document ensures compliance with Australian privacy laws and commercial practices while providing robust protection for the company's confidential information. It should be used before any substantial information is shared with consultants and can be customized based on the nature of the consulting engagement, the type of confidential information involved, and the specific requirements of the industry sector.
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1. Parties: Identifies the company and consultant, including their legal names, ABNs/ACNs, and registered addresses
2. Background: Explains the context of the agreement, including the nature of the consulting relationship and need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Use and Disclosure: Specifies allowed uses of confidential information and circumstances under which disclosure is permitted
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Survival of Obligations: Specifies which obligations continue after termination
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP ownership and licenses - include when consultant may create or work with IP
2. Data Protection Obligations: Specific provisions for handling personal data - include when consultant will have access to personal information
3. Non-Competition: Restrictions on competing activities - include when consultant will have access to highly sensitive competitive information
4. Non-Solicitation: Restrictions on soliciting employees or clients - include when consultant will have significant contact with staff or customers
5. Publicity and Announcements: Controls on public statements - include when consultant may have public-facing role
6. Insurance Requirements: Specific insurance obligations - include when handling highly sensitive or valuable information
7. Audit Rights: Right to audit consultant's compliance - include for long-term or high-risk engagements
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Approved Representatives: List of individuals authorized to receive confidential information
3. Schedule 3 - Security Protocols: Detailed security requirements and procedures for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives of the consultant
Relevant legal definitions
Confidential Information
Permitted Purpose
Consultant
Company
Representatives
Disclosing Party
Receiving Party
Affiliate
Business Day
Confidentiality Undertaking
Trade Secrets
Intellectual Property Rights
Personal Information
Security Requirements
Services
Term
Authorised Recipient
Designated Contact Person
Project
Excluded Information
Existing Information
New Information
Notice
Related Body Corporate
Secure Storage System
Security Breach
Specified Personnel
Permitted Purpose
Consultant
Company
Representatives
Disclosing Party
Receiving Party
Affiliate
Business Day
Confidentiality Undertaking
Trade Secrets
Intellectual Property Rights
Personal Information
Security Requirements
Services
Term
Authorised Recipient
Designated Contact Person
Project
Excluded Information
Existing Information
New Information
Notice
Related Body Corporate
Secure Storage System
Security Breach
Specified Personnel
Clauses
Confidentiality
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Term and Termination
Intellectual Property
Non-Competition
Non-Solicitation
Remedies
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Variation
Notices
Survival
Third Party Rights
Counterparts
Costs
Waiver
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Term and Termination
Intellectual Property
Non-Competition
Non-Solicitation
Remedies
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Variation
Notices
Survival
Third Party Rights
Counterparts
Costs
Waiver
Relevant Industries
Technology
Healthcare
Financial Services
Professional Services
Manufacturing
Research and Development
Mining and Resources
Retail
Education
Construction
Media and Entertainment
Telecommunications
Biotechnology
Energy
Relevant Teams
Legal
Human Resources
Procurement
Information Technology
Research and Development
Finance
Operations
Risk and Compliance
Strategy
Executive Leadership
Project Management Office
Business Development
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Human Resources Director
Project Manager
Management Consultant
IT Consultant
Strategy Consultant
Business Analyst
Technical Advisor
Research Consultant
Financial Advisor
Operations Manager
Procurement Manager
Risk Manager
Compliance Officer
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