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.
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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
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
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
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