This Non-Disclosure Agreement For Consultants is essential when organizations engage external consultants who will have access to confidential or proprietary information. It is specifically designed for use in Canadian jurisdictions, incorporating requirements from federal and provincial laws regarding privacy, intellectual property, and confidential information protection. The document is typically used at the outset of a consulting engagement, before any sensitive information is shared, and remains active throughout the consulting relationship and often beyond its termination. It covers various types of confidential information including trade secrets, business strategies, customer data, and proprietary methodologies, while ensuring compliance with Canadian legal standards for reasonable confidentiality provisions and enforceability.
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1. Parties: Identification of the parties entering into the agreement, including the company (disclosing party) and the consultant (receiving party)
2. Background: Context of the agreement, nature of the consulting relationship, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Consulting Services'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, protection requirements, and non-disclosure commitments
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Survival: Obligations that continue after the agreement ends
10. Remedies: Legal remedies available in case of breach, including injunctive relief
11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding ownership and protection of IP, used when consulting services may involve creation of intellectual property
2. Non-Competition: Restrictions on competitive activities, used when consultant may gain competitive advantage through exposed information
3. Non-Solicitation: Restrictions on soliciting employees or customers, used when consultant has access to employee or customer information
4. Security Requirements: Specific security protocols for handling confidential information, used when dealing with highly sensitive data
5. Data Privacy Compliance: Specific obligations regarding personal data protection, used when consultant may handle personal information
6. Conflict of Interest: Provisions addressing potential conflicts, used when consultant works with multiple clients in similar industries
7. Insurance Requirements: Obligations to maintain specific insurance coverage, used for high-risk or regulated industries
1. Schedule A - Description of Consulting Services: Detailed description of the consulting services to be provided
2. Schedule B - Specific Confidential Information: Detailed list or categories of confidential information covered by the agreement
3. Schedule C - Authorized Representatives: List of individuals authorized to receive or handle confidential information
4. Schedule D - Security Protocols: Specific security measures and procedures for handling confidential information
5. Appendix 1 - Acknowledgment Form: Form for consultant to acknowledge receipt of specific confidential information
6. Appendix 2 - Return/Destruction Certificate: Form to certify return or destruction of confidential information
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