This Consultant Non Disclosure Agreement is essential for businesses in Pakistan engaging external expertise while maintaining confidentiality of sensitive information. It serves as a crucial legal safeguard in situations where companies need to share proprietary information, trade secrets, or sensitive business data with consultants during their engagement. The document is structured to comply with Pakistani contract law and common law principles protecting confidential information, as Pakistan lacks specific statutory provisions for trade secret protection. It's particularly relevant for both short-term consulting projects and long-term advisory relationships, providing comprehensive coverage of confidentiality obligations, permitted uses of information, and enforcement mechanisms. The agreement includes specific provisions addressing the unique aspects of consultant-client relationships while ensuring enforceability under Pakistani jurisdiction.
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1. Parties: Identification of the parties entering into the agreement - the company and the consultant
2. Background: Context of the agreement, including the nature of the consulting relationship and need for confidentiality
3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Services', 'Trade Secrets', etc.
4. Scope of Consultancy: Brief overview of the consulting services being provided (without detailed scope which goes in schedule)
5. Confidentiality Obligations: Core confidentiality provisions, including duty to maintain secrecy and permitted uses of confidential information
6. Protection of Confidential Information: Specific measures the consultant must take to protect confidential information
7. Return of Confidential Information: Requirements for returning or destroying confidential information upon request or termination
8. Intellectual Property Rights: Ownership and protection of IP disclosed during the consultancy
9. Term and Termination: Duration of confidentiality obligations and termination provisions
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction for disputes
1. Non-Competition: Restrictions on competing activities - include when consultant will have access to highly sensitive competitive information
2. Non-Solicitation: Restrictions on soliciting employees/clients - include when consultant will have significant contact with key personnel/clients
3. Survival of Obligations: Specific provisions that continue after agreement termination - include for long-term or complex engagements
4. Data Protection: Specific provisions for handling personal data - include when consultant will handle personal/sensitive data
5. Third Party Disclosure: Provisions for sharing information with authorized third parties - include when consultant may need to work with subcontractors
6. Force Majeure: Provisions for unforeseen circumstances - include for long-term consulting arrangements
7. Insurance Requirements: Professional indemnity and liability insurance requirements - include for high-risk or regulated industry consulting
1. Schedule 1 - Scope of Services: Detailed description of consulting services to be provided
2. Schedule 2 - Specified Confidential Information: Specific categories or items of confidential information covered
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive/handle confidential information
4. Schedule 4 - Security Protocols: Specific security measures and protocols for handling confidential information
5. Appendix A - Acknowledgment Form: Form for consultant to acknowledge receipt of confidential information
6. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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