Consultant Non Disclosure Agreement Template for Singapore

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Key Requirements PROMPT example:

Consultant Non Disclosure Agreement

"Need a Consultant Non Disclosure Agreement under Singapore law for a technology consultant who will be accessing our source code and customer database during a 6-month project starting January 2025, with special emphasis on data protection and security measures."

What is a Consultant Non Disclosure Agreement?

The Consultant Non Disclosure Agreement is essential when engaging external consultants who require access to sensitive business information. This document, governed by Singapore law, establishes clear obligations for protecting proprietary information, trade secrets, and confidential data. It's particularly crucial in Singapore's competitive business environment, where intellectual property protection is paramount. The agreement typically covers definition of confidential information, permitted uses, security measures, and return/destruction protocols, while ensuring compliance with Singapore's Personal Data Protection Act and related legislation.

What sections should be included in a Consultant Non Disclosure Agreement?

1. Parties: Identification and details of the contracting parties (consultant and company)

2. Background: Context of the consulting relationship and need for confidentiality

3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose'

4. Confidentiality Obligations: Core obligations regarding non-disclosure and protection of information

5. Permitted Uses: Scope of allowed uses of confidential information and permitted disclosure circumstances

6. Return of Information: Obligations regarding return or destruction of confidential materials upon termination

7. Term and Survival: Duration of agreement and surviving obligations after termination

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

What sections are optional to include in a Consultant Non Disclosure Agreement?

1. Non-Solicitation: Prevents consultant from soliciting employees or clients of the company

2. Non-Competition: Restricts consultant's competitive activities during and after the engagement

3. Intellectual Property Rights: Ownership and treatment of IP created during consultation

4. Data Protection: Specific obligations regarding personal data under PDPA

What schedules should be included in a Consultant Non Disclosure Agreement?

1. Schedule 1: Specified Confidential Information: Detailed list of specific confidential information covered by the agreement

2. Schedule 2: Permitted Recipients: List of authorized persons who may access the confidential information

3. Schedule 3: Security Measures: Required security protocols for handling confidential information

4. Appendix A: Form of Confidentiality Undertaking: Template for additional confidentiality agreements for permitted recipients

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology
Financial Services
Healthcare
Professional Services
Manufacturing

Relevant Teams

Legal
Human Resources
Information Technology
Finance
Research & Development
Procurement

Relevant Roles

Management Consultant
IT Consultant
Financial Advisor
Business Analyst
Project Manager

Industries

Evidence Act (Chapter 97): Primary legislation governing the admissibility of evidence in legal proceedings, including documentary evidence related to confidential information and trade secrets

Contracts Act (Chapter 53): Fundamental legislation governing contract formation, validity, and enforcement in Singapore, essential for the basic structure and enforceability of the NDA

Personal Data Protection Act 2012 (PDPA): Legislation governing the collection, use, disclosure, and care of personal data, which may be part of the confidential information covered by the NDA

Employment Act (Chapter 91): While consultants are typically not employees, this Act provides context for distinguishing consultant relationships from employment relationships

Copyright Act (Chapter 63): Protects original works and may overlap with confidential information covered in the NDA, particularly regarding intellectual property rights

Patents Act (Chapter 221): Relevant for protecting inventions and innovative processes that may be disclosed during the consultancy relationship

Trade Marks Act (Chapter 332): Protects distinctive marks and brands that may be disclosed to the consultant during the engagement

Trade Secrets Protection: Common law principles protecting confidential business information and trade secrets, fundamental to the NDA's purpose

Competition Act (Chapter 50B): Ensures that restrictive clauses in the NDA do not violate competition law principles or create unreasonable market restrictions

Electronic Transactions Act: Governs the validity of electronic signatures and electronic contracts, relevant for digital execution of the NDA

Reasonableness Doctrine: Common law principle requiring that restraint clauses and confidentiality obligations must be reasonable in scope, duration, and geographic coverage

Consideration Doctrine: Legal principle requiring that contracts must be supported by consideration to be valid and enforceable

Liquidated Damages: Legal principles governing the enforceability of pre-determined damage amounts in case of breach of the NDA

Quality of Confidence: Legal requirement that information must have the necessary quality of confidence to be protected under confidentiality obligations

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Let's create your Consultant Non Disclosure Agreement

What is a Consultant Non Disclosure Agreement?

What sections should be included in a Consultant Non Disclosure Agreement?

What sections are optional to include in a Consultant Non Disclosure Agreement?

What schedules should be included in a Consultant Non Disclosure Agreement?

Authors

Alex Denne

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