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Consultant Confidentiality Agreement for Malta

Consultant Confidentiality Agreement Template for Malta

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Consultant Confidentiality Agreement

"I need a Consultant Confidentiality Agreement under Maltese law for a fintech startup engaging multiple IT consultants from January 2025, with specific provisions for source code protection and remote access security requirements."

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Consultant Confidentiality Agreement

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What is a Consultant Confidentiality Agreement?

This Consultant Confidentiality Agreement is essential for businesses operating under Maltese jurisdiction who engage external consultants or consulting firms. The document is specifically designed to protect confidential information, trade secrets, and intellectual property shared during consulting engagements, while ensuring compliance with Malta's legal framework and EU regulations, including GDPR. It should be used whenever engaging consultants who will have access to sensitive business information, establishing clear obligations for information handling, security measures, and consequences of breach. The agreement includes comprehensive provisions for data protection, professional secrecy, and trade secret protection, reflecting requirements under both Maltese and EU law.

What sections should be included in a Consultant Confidentiality Agreement?

1. Parties: Identification of the disclosing party (company) and receiving party (consultant), including full legal names and addresses

2. Background: Context of the consultancy relationship and purpose of the agreement

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted uses of confidential information

6. Security Measures: Specific measures required to protect confidential information, including GDPR compliance requirements

7. Term and Survival: Duration of the agreement and obligations that survive termination

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Breach and Remedies: Consequences of breach, including injunctive relief and damages

10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Consultant Confidentiality Agreement?

1. Intellectual Property Rights: Section addressing ownership and rights in any IP created during the consultancy, used when consultant may create or develop materials

2. Data Protection Compliance: Detailed GDPR compliance provisions, used when personal data processing is involved

3. Permitted Disclosures: Specific circumstances where disclosure is permitted, used for complex consultancy arrangements

4. Non-Competition: Restrictions on competitive activities, used when consultant has access to highly sensitive commercial information

5. Assignment and Subcontracting: Rules about transferring rights or using subcontractors, used when relevant to the consultancy arrangement

6. Insurance Requirements: Specific insurance obligations, used for high-risk or regulated industry consultancy

7. Audit Rights: Right to audit consultant's compliance, used for highly sensitive information or regulated industries

What schedules should be included in a Consultant Confidentiality Agreement?

1. Schedule 1 - Description of Services: Detailed description of the consultancy services and context for confidential information access

2. Schedule 2 - Categories of Confidential Information: Specific listing of types of confidential information covered

3. Schedule 3 - Security Protocols: Detailed technical and organizational measures required for protecting confidential information

4. Schedule 4 - Approved Representatives: List of individuals authorized to access confidential information

5. Appendix A - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved

6. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































Clauses






























Relevant Industries

Technology

Financial Services

Healthcare

Professional Services

Manufacturing

Research and Development

Pharmaceuticals

Telecommunications

Gaming and iGaming

Maritime

Aviation

Education

Biotechnology

Energy

Legal Services

Relevant Teams

Legal

Human Resources

Procurement

Information Technology

Research and Development

Operations

Finance

Compliance

Risk Management

Executive Leadership

Project Management Office

Business Development

Strategy

Information Security

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

HR Director

Procurement Manager

Project Manager

IT Consultant

Management Consultant

Financial Advisor

Business Analyst

Strategy Consultant

Technical Consultant

Research Consultant

Operations Manager

Compliance Officer

Risk Manager

Department Head

External Advisor

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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