This NDA For Consulting Services is designed for use in New Zealand business environments where organizations engage external consultants or consulting firms. The document is essential when consultants require access to sensitive business information, trade secrets, or proprietary data to perform their services effectively. It provides comprehensive protection under New Zealand law, including compliance with the Contract and Commercial Law Act 2017, Privacy Act 2020, and relevant commercial legislation. This agreement is particularly valuable for both short-term consulting projects and longer-term advisory relationships, offering flexible terms that can be adapted to various consulting arrangements while maintaining strong confidentiality protections. The document includes specific provisions for data handling, security measures, and breach remedies, making it suitable for modern business practices and digital information exchange.
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1. Parties: Identification of the parties: the company/individual engaging the consultant and the consultant
2. Background: Context of the consulting engagement and purpose of the NDA
3. Definitions: Key terms including 'Confidential Information', 'Consulting Services', 'Permitted Purpose', 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the consulting engagement
5. Obligations of Confidentiality: Core confidentiality obligations, including non-use and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Security Measures: Requirements for protecting and securing confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and which provisions survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding ownership and protection of IP, particularly relevant when consulting services involve creation of new IP
2. Data Protection: Specific obligations regarding personal data handling, recommended when consulting involves access to personal information
3. Non-Competition: Restrictions on competitive activities, useful when consultant may gain competitive advantage through exposed information
4. Non-Solicitation: Restrictions on soliciting employees or clients, relevant for consultants with significant client/employee exposure
5. Residual Knowledge: Provisions addressing consultant's right to use general knowledge and experience gained, optional but often requested by consultants
6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk or regulated industries
1. Schedule 1 - Description of Consulting Services: Detailed outline of the consulting services to provide context for the confidentiality obligations
2. Schedule 2 - Specific Categories of Confidential Information: Detailed list of types of confidential information specific to the engagement
3. Schedule 3 - Approved Representatives: List of individuals or roles authorized to access confidential information
4. Schedule 4 - Security Protocols: Specific security measures and protocols required for handling confidential information
Relevant legal definitions
Confidential Information
Consulting Services
Consultant
Client
Authorized Purpose
Permitted Use
Representatives
Affiliates
Business Day
Commencement Date
Confidentiality Period
Deliverables
Disclosing Party
Receiving Party
Excluded Information
Force Majeure Event
Intellectual Property Rights
Pre-existing Materials
Professional Standards
Project
Related Companies
Security Requirements
Services
Term
Trade Secrets
Working Hours
Personal Information
Proprietary Information
Residual Knowledge
Third Party Information
Consulting Services
Consultant
Client
Authorized Purpose
Permitted Use
Representatives
Affiliates
Business Day
Commencement Date
Confidentiality Period
Deliverables
Disclosing Party
Receiving Party
Excluded Information
Force Majeure Event
Intellectual Property Rights
Pre-existing Materials
Professional Standards
Project
Related Companies
Security Requirements
Services
Term
Trade Secrets
Working Hours
Personal Information
Proprietary Information
Residual Knowledge
Third Party Information
Clauses
Confidentiality
Non-Disclosure
Information Security
Permitted Disclosures
Return of Information
Intellectual Property
Data Protection
Term and Termination
Breach and Remedies
Non-Competition
Non-Solicitation
Consultancy Services
Representations and Warranties
Indemnification
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Severability
Entire Agreement
Amendment
Waiver
Counterparts
Survival
Third Party Rights
Non-Disclosure
Information Security
Permitted Disclosures
Return of Information
Intellectual Property
Data Protection
Term and Termination
Breach and Remedies
Non-Competition
Non-Solicitation
Consultancy Services
Representations and Warranties
Indemnification
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Severability
Entire Agreement
Amendment
Waiver
Counterparts
Survival
Third Party Rights
Relevant Industries
Technology
Financial Services
Professional Services
Healthcare
Manufacturing
Energy
Telecommunications
Education
Real Estate
Construction
Retail
Media & Entertainment
Government & Public Sector
Non-profit Organizations
Relevant Teams
Legal
Procurement
Human Resources
Risk Management
Compliance
Operations
Project Management
Business Development
Executive Leadership
Information Security
Finance
Administrative Services
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
General Counsel
Legal Counsel
Procurement Manager
HR Director
Project Manager
Business Development Manager
Operations Manager
Risk Manager
Compliance Officer
Contract Administrator
Department Head
Consulting Services Manager
External Consultants
Independent Contractors
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