The Consultant Confidentiality Agreement is essential when engaging external consultants who require access to sensitive company information to perform their services. This document, governed by Dutch law, establishes legally binding confidentiality obligations that protect the company's proprietary information, trade secrets, and other confidential data. It should be used before sharing any sensitive information with consultants, whether they are individual professionals or consulting firms. The agreement ensures compliance with Dutch legal requirements, including the Dutch Civil Code, Trade Secrets Act, and where applicable, GDPR implementation laws. It defines the scope of confidential information, permitted uses, security requirements, and consequences of breach, while maintaining flexibility for various consulting arrangements across different industries.
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1. Parties: Identification of the company disclosing confidential information and the consultant receiving it, including full legal names and addresses
2. Background: Context of the consulting relationship and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Uses: Specific circumstances under which the consultant may use or disclose the confidential information
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Additional section when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Section needed when consulting work may involve creation of IP or use of existing IP
3. Non-Competition: Optional restrictions on competitive activities, if relevant to the consulting relationship
4. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the business relationship
5. Insurance Requirements: Required when consultant needs to maintain specific insurance coverage
6. Audit Rights: Company's right to audit consultant's compliance with confidentiality obligations, if needed for highly sensitive information
1. Schedule 1 - Description of Services: Detailed description of consulting services that require access to confidential information
2. Schedule 2 - Categories of Confidential Information: Specific listing of types or categories of confidential information to be shared
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Appendix A - Authorized Representatives: List of individuals authorized to receive confidential information on behalf of the consultant
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Financial Services
Healthcare
Manufacturing
Research & Development
Telecommunications
Energy
Retail
Media & Entertainment
Biotechnology
Engineering
Education
Real Estate
Environmental Services
Relevant Teams
Legal
Human Resources
Procurement
Information Technology
Research & Development
Information Security
Compliance
Operations
Executive Office
Contract Management
Risk Management
Relevant Roles
Legal Counsel
HR Manager
Procurement Manager
Project Manager
Chief Information Officer
Chief Technology Officer
Risk Manager
Compliance Officer
Business Development Manager
Research Director
Operations Manager
Department Head
Executive Assistant
Contract Administrator
Security Officer
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