This Non-Disclosure Agreement For Consultants is essential when engaging external consultants who will have access to sensitive business information in Ireland. It is specifically designed to protect proprietary information, trade secrets, and confidential data while ensuring compliance with Irish law and EU regulations, particularly GDPR. The document is suitable for both individual consultants and consulting firms, providing comprehensive coverage of confidentiality obligations, data protection requirements, and information handling procedures. It includes specific provisions that address the unique aspects of consultant relationships, distinguishing them from employee NDAs, and incorporates necessary safeguards for both short-term and long-term consulting engagements. The agreement is particularly relevant in today's business environment where organizations frequently engage external expertise while needing to maintain strict control over their confidential information.
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1. Parties: Identifies the disclosing party (typically the company) and receiving party (the consultant)
2. Background: Sets out the context of the consulting relationship and need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Consulting Services'
4. Scope of Confidential Information: Details what information is considered confidential under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of confidential information
6. Data Protection Compliance: GDPR compliance provisions for handling personal data
7. Security Measures: Required measures for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information upon termination
9. Duration and Survival: Term of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard boilerplate including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions for IP created during consultancy - include when consultant may create or work with IP
2. Third Party Disclosure: Provisions for sharing with approved third parties - include when consultant may need to share with their own team or subcontractors
3. Non-Competition: Restrictions on competitive activities - include for consultants with access to highly sensitive commercial information
4. Audit Rights: Right to audit consultant's compliance - include for long-term or high-risk engagements
5. Insurance Requirements: Specific insurance obligations - include for high-risk or regulated industry consultancy
6. Notice Requirements: Detailed notification procedures - include for complex or regulated industry arrangements
1. Schedule 1 - Description of Consulting Services: Detailed description of the consulting services to be provided
2. Schedule 2 - Categories of Confidential Information: Specific types or categories of confidential information covered
3. Schedule 3 - Approved Recipients: List of approved individuals or roles who may access the confidential information
4. Schedule 4 - Security Protocols: Specific security measures and protocols to be followed
5. Appendix A - Form of Confidentiality Undertaking: Template for additional confidentiality undertakings by consultant's team members
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