This Non-Disclosure Agreement For Consultants is essential when organizations engage external consultants who will have access to sensitive business information. The document is designed for use in Australia and complies with relevant federal and state legislation, including the Privacy Act 1988 (Cth) and Corporations Act 2001 (Cth). It provides robust protection for confidential information while allowing consultants to effectively perform their duties. The agreement is particularly relevant in today's business environment where organizations frequently rely on external expertise for specialized projects, digital transformation initiatives, and strategic advice. It includes provisions for both traditional confidential information and digital data, making it suitable for modern consulting engagements.
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1. Parties: Identifies and provides details of the disclosing party (typically the company) and receiving party (the consultant)
2. Background: Explains the context of the consulting relationship and the need for confidentiality protection
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Details what information is considered confidential under the agreement
5. Obligations of Confidentiality: Sets out the core obligations to maintain confidentiality and not disclose protected information
6. Permitted Uses and Disclosures: Specifies how the consultant may use the confidential information and under what circumstances disclosure is permitted
7. Security Measures: Outlines the required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination of the consulting relationship
9. Term and Survival: Specifies 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: Standard provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP ownership and licenses when the consulting work may involve creation of new IP
2. Data Protection Compliance: Specific obligations regarding personal data handling when the consultant may access personal information
3. Non-Competition: Restrictions on competitive activities during and after the consulting engagement
4. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the consulting relationship
5. Moral Rights: Provisions regarding moral rights when the consultant may create copyright works
6. Insurance Requirements: Obligations to maintain specific insurance coverage for data protection
7. Subcontractors: Provisions regarding use of subcontractors and their confidentiality obligations
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Approved Purpose: Detailed description of the permitted purposes for which confidential information may be used
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Appendix A - Confidentiality Acknowledgment Form: Form for consultant's representatives to sign acknowledging confidentiality obligations
5. Appendix B - Return/Destruction Certificate: Form to certify return or destruction of confidential information
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Consulting Services
Consulting Period
Intellectual Property Rights
Trade Secrets
Proprietary Information
Personal Information
Project
Authorised Recipients
Business Day
Confidentiality Period
Disclosing Group
Related Bodies Corporate
Security Requirements
Excluded Information
Material Breach
Deliverables
Digital Data
Secure Storage System
Approved Security Standards
Third Party Information
Client Information
Business Information
Technical Information
Financial Information
Strategic Information
Commercial Information
Work Product
Sensitive Information
Derived Information
Residual Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Consulting Services
Consulting Period
Intellectual Property Rights
Trade Secrets
Proprietary Information
Personal Information
Project
Authorised Recipients
Business Day
Confidentiality Period
Disclosing Group
Related Bodies Corporate
Security Requirements
Excluded Information
Material Breach
Deliverables
Digital Data
Secure Storage System
Approved Security Standards
Third Party Information
Client Information
Business Information
Technical Information
Financial Information
Strategic Information
Commercial Information
Work Product
Sensitive Information
Derived Information
Residual Information
Clauses
Confidentiality
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Destruction of Information
Term and Termination
Survival
Intellectual Property
Breach and Remedies
Injunctive Relief
Non-Competition
Non-Solicitation
Representatives' Obligations
Notice Requirements
Information Handling
Security Measures
Permitted Disclosure
Exceptions to Confidentiality
Warranties
Indemnification
Assignment
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Amendment
Third Party Rights
Counterparts
Electronic Execution
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Destruction of Information
Term and Termination
Survival
Intellectual Property
Breach and Remedies
Injunctive Relief
Non-Competition
Non-Solicitation
Representatives' Obligations
Notice Requirements
Information Handling
Security Measures
Permitted Disclosure
Exceptions to Confidentiality
Warranties
Indemnification
Assignment
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Amendment
Third Party Rights
Counterparts
Electronic Execution
Relevant Industries
Technology
Financial Services
Healthcare
Professional Services
Manufacturing
Mining and Resources
Education
Retail
Telecommunications
Construction
Energy
Research and Development
Media and Entertainment
Government and Public Sector
Biotechnology
Relevant Teams
Legal
Human Resources
Procurement
Information Technology
Finance
Operations
Research and Development
Marketing
Strategy
Risk and Compliance
Corporate Affairs
Business Development
Project Management Office
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Human Resources Director
Procurement Manager
Project Manager
Business Development Manager
Strategy Consultant
Management Consultant
IT Consultant
Financial Consultant
Operations Consultant
HR Consultant
Marketing Consultant
Research Consultant
Technical Consultant
Environmental Consultant
Risk Management Consultant
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