This NDA For Consulting Services is essential when engaging external consultants or consulting firms in Ireland who will require access to confidential business information. The agreement is designed to comply with Irish law and EU regulations, including GDPR, and provides comprehensive protection for sensitive information shared during consulting engagements. It should be used before any substantive discussions or service provision begins, typically during the initial engagement phase with consultants. The document addresses key aspects such as definition of confidential information, permitted uses, data protection obligations, return or destruction of information, and enforcement mechanisms. It's particularly important in professional services contexts where consultants may access strategic, technical, or commercially sensitive information.
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1. Parties: Identification of the parties entering into the agreement, including full legal names and registered addresses
2. Background: Context of the agreement, nature of the consulting relationship, and purpose of sharing confidential information
3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Services', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Data Protection: GDPR compliance requirements and data protection obligations
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which provisions survive termination
10. Remedies: Available remedies in case of breach, including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Specific provisions regarding IP ownership and licenses, particularly relevant when consulting services may result in creation of IP
2. Non-Competition: Restrictions on competitive activities, used when consultant may have access to particularly sensitive competitive information
3. Non-Solicitation: Restrictions on soliciting employees or clients, relevant when consultant will have significant contact with client's staff or customers
4. Security Requirements: Specific security protocols for handling confidential information, important for highly sensitive information or regulated industries
5. Audit Rights: Right to audit compliance with confidentiality obligations, useful for highly regulated industries or when handling very sensitive information
6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk consulting engagements
1. Schedule 1 - Description of Services: Detailed description of the consulting services to be provided
2. Schedule 2 - Specific Categories of Confidential Information: Detailed list of types of confidential information covered
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive confidential information
4. Schedule 4 - Security Protocols: Specific security measures and protocols for handling confidential information
5. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if personal data will be processed
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Retail
Telecommunications
Energy
Real Estate
Education
Pharmaceuticals
Construction
Media and Entertainment
Agriculture
Automotive
Relevant Teams
Legal
Procurement
Human Resources
Information Technology
Operations
Risk and Compliance
Executive Leadership
Finance
Business Development
Project Management
Information Security
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
General Counsel
Legal Counsel
Procurement Manager
Human Resources Director
Project Manager
Business Development Manager
IT Director
Operations Manager
Risk Manager
Compliance Officer
Department Head
Managing Director
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