This document template serves as a Non-Disclosure Agreement For Contractors specifically designed for use in Canadian jurisdictions. It is essential when companies need to share confidential information, trade secrets, or proprietary data with independent contractors, consultants, or freelancers. The agreement ensures protection of sensitive business information while complying with Canadian federal and provincial legislation, including privacy laws (PIPEDA), intellectual property statutes, and employment standards. It includes provisions for data protection, return of confidential materials, and post-engagement obligations, while ensuring terms remain reasonable and enforceable under Canadian law. This template is particularly valuable for businesses engaging external talent who will have access to sensitive company information during their contract period.
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1. Parties: Identification of the disclosing party (company) and receiving party (contractor), including full legal names and addresses
2. Background: Context of the relationship, purpose of the NDA, and nature of the confidential information to be shared
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty to maintain secrecy and standard of care
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Security Measures: Required security measures for protecting confidential information
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Additional provisions protecting IP rights when contractor may create or work with IP - use when contractor will have access to or may create IP
2. Data Protection Compliance: Specific obligations regarding personal data protection under PIPEDA - include when personal data will be accessed
3. Non-Competition: Restrictions on competitive activities - include only when necessary and ensure restrictions are reasonable
4. Non-Solicitation: Restrictions on soliciting employees or clients - include when contractor will have access to client/employee information
5. Audit Rights: Right to audit contractor's compliance with confidentiality obligations - include for high-risk or regulated industries
6. Insurance Requirements: Obligations to maintain certain insurance coverage - include for high-value or high-risk engagements
7. Assignment and Subcontracting: Rules about transferring obligations or using subcontractors - include when relevant to the engagement
8. Conflict of Interest: Provisions addressing potential conflicts - include when contractor works with multiple clients in same industry
1. Schedule A - Specific Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule B - Authorized Representatives: List of individuals authorized to receive or handle confidential information
3. Schedule C - Security Protocols: Specific security measures and procedures required for handling confidential information
4. Schedule D - Project Scope: Description of the project or work for which confidential information will be shared
5. Appendix 1 - Acknowledgment Form: Form for contractor to acknowledge receipt of confidential information
6. Appendix 2 - Return/Destruction Certificate: Form to certify return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research & Development
Entertainment & Media
Biotechnology
Energy
Telecommunications
Retail
Construction
Education
Consulting
Aerospace & Defense
Relevant Teams
Legal
Human Resources
Procurement
Information Security
Risk & Compliance
Operations
Information Technology
Executive Leadership
Talent Acquisition
Project Management Office
Research & Development
Administrative
Relevant Roles
Chief Legal Officer
Legal Counsel
HR Director
HR Manager
Procurement Manager
Contract Administrator
Project Manager
Operations Director
Chief Technology Officer
Chief Information Officer
Information Security Manager
Risk Manager
Compliance Officer
Talent Acquisition Manager
Business Unit Director
Chief Executive Officer
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