The Non-Disclosure Agreement For Consultants is essential for businesses operating in New Zealand that engage external consultants or professional advisors. This document is specifically designed to protect confidential information, trade secrets, and proprietary data shared during consulting engagements. It's particularly relevant in today's business environment where companies frequently rely on external expertise while needing to maintain information security. The agreement ensures compliance with New Zealand's legal framework, including the Privacy Act 2020 and Contract and Commercial Law Act 2017, while providing clear guidelines for information handling, security measures, and post-engagement obligations. It's suitable for various consulting arrangements, from short-term projects to ongoing advisory relationships, and can be customized based on the nature of the consulting services and the sensitivity of the information involved.
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1. Parties: Identifies the disclosing party (typically the business) and receiving party (the consultant), including full legal names and addresses
2. Background: Explains the context of the relationship, the consultant's role, and the need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Details what constitutes confidential information and any exclusions
5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to approved representatives
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions dealing with IP ownership and licenses when the consultant may create or work with IP
2. Non-Competition: Restrictions on competing activities, if appropriate for the consultant relationship
3. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the business relationship
4. Data Protection: Specific provisions for handling personal data when the consultant may access personal information
5. Multiple Projects: Provisions for handling different projects under the same NDA when the consultant may work on various assignments
6. Pre-existing Information: Provisions dealing with consultant's pre-existing knowledge or information
7. Conflict of Interest: Provisions addressing potential conflicts when consultant works with multiple clients
1. Schedule 1 - Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Permitted Purpose: Detailed description of the consulting services or project scope
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive confidential information
4. Appendix A - Security Protocols: Specific security measures and protocols to be followed by the consultant
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Financial Services
Healthcare
Manufacturing
Education
Construction
Retail
Energy
Telecommunications
Research and Development
Mining
Agriculture
Media and Entertainment
Government and Public Sector
Relevant Teams
Legal
Human Resources
Procurement
Executive Leadership
Information Technology
Research and Development
Operations
Finance
Risk and Compliance
Business Development
Project Management Office
Strategic Planning
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
HR Director
Legal Counsel
Procurement Manager
Project Manager
Business Development Manager
Operations Director
IT Manager
Research Director
Department Head
Consulting Manager
Strategic Planning Director
Risk Manager
Compliance Officer
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