The Advisory Board Confidentiality Agreement is essential for organizations operating under Canadian jurisdiction that engage external advisors to provide strategic guidance and expertise. This document becomes necessary when companies establish advisory boards to benefit from external perspectives while protecting sensitive information. It addresses the unique aspects of Canadian privacy and business law, including compliance with PIPEDA and provincial privacy legislation. The agreement typically covers definition of confidential information, scope of permitted use, security measures, return or destruction of materials, and survival of obligations post-engagement. It's particularly crucial for companies sharing strategic plans, financial projections, or proprietary technology with their advisory board members.
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1. Parties: Identification of the company and the advisory board member
2. Background: Context of the advisory board relationship and purpose of the agreement
3. Definitions: Definitions of key terms including 'Confidential Information', 'Advisory Services', and 'Term'
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 Disclosures: Circumstances under which confidential information may be disclosed
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination
8. Term and Termination: Duration of the agreement and termination provisions
9. Survival: Obligations that continue after termination
10. Remedies: Available remedies in case of breach, including injunctive relief
11. General Provisions: Standard clauses including governing law, entire agreement, and amendments
1. Securities Trading: Required when the advisory board member may have access to material non-public information
2. Intellectual Property Rights: Include when advisory board duties may involve creation or access to IP
3. Conflict of Interest: Add when advisory board member may have competing interests or roles
4. Data Privacy Compliance: Include when advisory duties involve access to personal data
5. International Transfer of Information: Required when confidential information may be transferred across borders
6. Competition Restrictions: Include when advisory role requires restrictions on involvement with competitors
1. Schedule A - Description of Advisory Services: Detailed outline of the advisory board member's role and responsibilities
2. Schedule B - Specific Categories of Confidential Information: Detailed list of types of confidential information covered
3. Schedule C - Security Protocols: Specific procedures for handling and protecting confidential information
4. Appendix 1 - Approved Third-Party Recipients: List of pre-approved parties who may receive certain confidential information
5. Appendix 2 - Form of Confidentiality Agreement for Third Parties: Template agreement for additional parties who may need access to confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Energy
Biotechnology
Education
Professional Services
Real Estate
Telecommunications
Non-Profit
Research & Development
Consumer Goods
Transportation & Logistics
Relevant Teams
Legal
Corporate Governance
Executive Leadership
Compliance
Risk Management
Corporate Affairs
Board Secretariat
Strategic Planning
Relevant Roles
Chief Executive Officer
General Counsel
Corporate Secretary
Chief Legal Officer
Advisory Board Member
Board Director
Chief Technology Officer
Chief Financial Officer
VP of Legal Affairs
Legal Counsel
Compliance Officer
Corporate Governance Officer
Risk Management Officer
Chief Strategy Officer
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