The Independent Contractor Non Disclosure Agreement is essential for businesses operating in Ireland that engage external professionals while needing to protect their confidential information. This document serves a dual purpose: it safeguards sensitive business information and intellectual property while clearly establishing the independent nature of the contractor relationship. It incorporates requirements from Irish data protection law, the European Communities (Protection of Trade Secrets) Regulations 2018, and Irish contract law principles. The agreement is particularly important in today's business environment where companies regularly engage specialized contractors who may have access to valuable proprietary information, trade secrets, or personal data protected under GDPR.
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1. Parties: Identifies the parties to the agreement, including full legal names and addresses
2. Background: Sets out the context of the agreement and the independent contractor relationship
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Services', and 'Intellectual Property'
4. Scope of Services: Outlines the independent contractor relationship and scope of services to be provided
5. Confidentiality Obligations: Details the core confidentiality obligations and handling of confidential information
6. Data Protection: Addresses GDPR compliance and personal data handling requirements
7. Intellectual Property Rights: Covers ownership and protection of IP related to confidential information
8. Return of Confidential Information: Procedures for returning or destroying confidential information
9. Duration and Survival: Specifies the term of the agreement and surviving obligations
10. Breach and Remedies: Details consequences of breach and available remedies
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Non-Competition: Optional restrictions on competitive activities - include only if specifically required and ensure compliance with Irish competition law
2. Non-Solicitation: Restrictions on soliciting employees or clients - include based on business needs
3. Audit Rights: Right to audit contractor's compliance with confidentiality obligations - include for high-risk relationships
4. Insurance Requirements: Specific insurance requirements for the contractor - include for high-value services
5. Security Measures: Specific technical and organizational measures for protecting confidential information - include for technical services or sensitive data
6. Third Party Disclosure: Procedures for authorized disclosure to third parties - include when third party sharing is anticipated
1. Schedule 1 - Services Description: Detailed description of services to be provided by the contractor
2. Schedule 2 - Confidential Information: Specific categories and examples of confidential information covered
3. Schedule 3 - Approved Security Measures: Required technical and organizational security measures
4. Schedule 4 - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved
5. Schedule 5 - Approved Third Party Recipients: List of pre-approved third parties who may receive confidential information
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