The Consultant Confidentiality Agreement is essential for businesses operating in Ireland that engage external consultants or professional service providers. It is designed to protect proprietary information, trade secrets, and confidential business data shared during consultancy engagements. This document ensures compliance with Irish law, including the Data Protection Act 2018, GDPR requirements, and the European Union (Protection of Trade Secrets) Regulations 2018. It is particularly relevant when consultants require access to sensitive business information, intellectual property, or personal data to perform their services. The agreement provides legal safeguards for businesses while establishing clear guidelines for consultants regarding their confidentiality obligations.
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1. Parties: Identification of the disclosing party (company) and receiving party (consultant)
2. Background: Context of the consultancy relationship and purpose of the agreement
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
6. Security Measures: Required security measures for protecting confidential information
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed
8. Return or Destruction of Confidential Information: Obligations regarding confidential information upon termination
9. Duration of Obligations: Time period for which confidentiality obligations remain in force
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved
2. Intellectual Property Rights: Provisions regarding IP ownership and licenses when consultant may create IP
3. Non-Competition: Restrictions on competitive activities during and after the engagement
4. Non-Solicitation: Restrictions on soliciting employees or clients
5. Indemnification: Consultant's obligation to indemnify for unauthorized disclosures
6. Insurance Requirements: Professional indemnity insurance requirements for the consultant
7. Audit Rights: Company's right to audit consultant's compliance with security measures
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered
2. Schedule 2 - Approved Security Measures: Specific security protocols and measures required
3. Schedule 3 - Approved Representatives: List of individuals authorized to receive confidential information
4. Appendix A - Data Processing Terms: Detailed GDPR compliance terms if personal data is processed
5. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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