This NDA For Consultants is specifically designed for use in Malta, addressing the need to protect confidential information when engaging external consultants, contractors, or professional service providers. The document combines compliance with Maltese legal requirements, including the Trade Secrets Act and Data Protection Act, while adhering to broader EU regulations such as GDPR. It is particularly relevant when organizations need to share sensitive business information, technical data, or strategic plans with external consultants. The agreement includes comprehensive confidentiality provisions, permitted use cases, security requirements, and post-engagement obligations, making it suitable for various consulting arrangements from short-term projects to ongoing advisory relationships.
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1. Parties: Identification of the company and the consultant, including full legal names, registration details, and addresses
2. Background: Context of the consulting relationship and purpose of the NDA
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Services', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and non-disclosure requirements
6. Permitted Use: Specific purposes for which the confidential information may be used by the consultant
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Duration and Survival: Term of the agreement and survival of obligations post-termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection Compliance: Specific provisions for GDPR compliance when confidential information includes personal data
2. Intellectual Property Rights: Additional provisions regarding IP rights when consulting work may involve creation of IP
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. Subcontractors: Provisions regarding the use of subcontractors and their confidentiality obligations
6. Insurance Requirements: Specific insurance requirements for the consultant regarding confidential information
7. Assignment and Delegation: Provisions regarding the ability to assign rights or delegate obligations under the NDA
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of authorized personnel who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols to be followed
4. Schedule 4 - Approved Purposes: Detailed description of approved uses of confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template for additional confidentiality undertakings by consultant's personnel
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