This Independent Contractor Non Disclosure Agreement is essential for businesses operating in Pakistan that engage independent contractors and need to protect their confidential information. The document serves dual purposes: it establishes the contractor's status as an independent service provider rather than an employee, while also ensuring the protection of sensitive business information shared during the engagement. Governed by Pakistani law, particularly the Contract Act 1872 and relevant commercial legislation, this agreement is commonly used when engaging consultants, freelancers, or other independent service providers who will have access to proprietary information, trade secrets, or sensitive business data. The agreement includes specific provisions for information protection, return of confidential materials, and enforcement mechanisms, tailored to the Pakistani legal framework and business environment.
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1. Parties: Identification of the disclosing party (company) and receiving party (independent contractor), including full legal names and addresses
2. Background: Context of the relationship between parties and purpose of the agreement
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Services'
4. Independent Contractor Relationship: Clear statement of independent contractor status and not employment relationship
5. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
6. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
7. Security Measures: Specific measures required to protect confidential information
8. Return of Confidential Information: Obligations regarding return or destruction of confidential information upon request or termination
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival: Provisions that continue after agreement termination
11. Remedies: Legal remedies available in case of breach, including injunctive relief
12. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction for disputes
1. Third Party Disclosure: Required when contractor may need to share information with authorized third parties
2. Intellectual Property Rights: Include when contractor may create IP during the engagement
3. Non-Solicitation: Add when there's risk of contractor soliciting company's employees or clients
4. Non-Competition: Include when contractor's work exposes them to sensitive competitive information
5. Data Privacy Compliance: Required when confidential information includes personal data
6. Export Control: Include when information may be subject to international transfer restrictions
7. Dispute Resolution: Add detailed arbitration or mediation procedures if preferred over court litigation
8. Insurance Requirements: Include when contractor needs to maintain specific insurance coverage
1. Schedule A - Description of Services: Detailed description of services to be provided by the contractor
2. Schedule B - Specific Confidential Information: Detailed list or categories of confidential information covered
3. Schedule C - Authorized Representatives: List of individuals authorized to receive or handle confidential information
4. Schedule D - Security Protocols: Specific security measures and protocols to be followed
5. Appendix 1 - Confirmation of Return: Template for confirming return/destruction of confidential information
6. Appendix 2 - Third Party Disclosure Form: Template for requesting and documenting authorized third party disclosures
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