Non Disclosure Agreement For Consultants Template for United States

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Key Requirements PROMPT example:

Non Disclosure Agreement For Consultants

"I need a Non Disclosure Agreement For Consultants to protect our proprietary trading algorithms and financial data, as we're bringing in a technical consultant starting January 2025 to help optimize our investment platform."

Document background

The Non Disclosure Agreement For Consultants is essential when organizations engage external consultants who need access to sensitive business information. This document, governed by U.S. law, serves multiple purposes: protecting trade secrets, establishing clear confidentiality obligations, and defining the scope of protected information. It's particularly crucial given the mobile nature of consulting work and the potential risks of information disclosure. The agreement typically incorporates federal protections under the Defend Trade Secrets Act and relevant state laws, while addressing specific industry requirements such as HIPAA for healthcare or financial regulations where applicable.

Suggested Sections

1. Parties: Identification of the disclosing party (company) and receiving party (consultant)

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

3. Definitions: Clear definitions of confidential information, trade secrets, and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information

5. Obligations of Receiving Party: Consultant's duties regarding confidential information protection

6. Term and Termination: Duration of confidentiality obligations and termination conditions

7. Return of Confidential Information: Requirements for returning or destroying confidential materials

8. Remedies: Legal remedies available in case of breach

Optional Sections

1. Non-Competition: Restrictions on competitive activities - include when protecting against competitive threats is crucial

2. Non-Solicitation: Restrictions on soliciting employees or customers - include when protecting workforce and customer relationships

3. Intellectual Property Rights: Ownership and rights to created IP - include when consultant may create IP during engagement

4. Data Privacy Compliance: Specific data protection requirements - include when handling personal or sensitive data

5. Audit Rights: Right to audit compliance with NDA - include for highly sensitive information or regulated industries

Suggested Schedules

1. Schedule of Confidential Information: Detailed list of specific confidential information covered

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

3. Security Protocols: Specific security measures required for information protection

4. Data Handling Procedures: Detailed procedures for handling and protecting confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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
Healthcare
Financial Services
Manufacturing
Professional Services

Relevant Teams

Legal
Human Resources
Information Technology
Finance
Research & Development

Relevant Roles

Management Consultant
IT Consultant
Financial Advisor
Business Analyst
Project Manager

Industries

Defend Trade Secrets Act (DTSA): Federal law enacted in 2016 that provides uniform federal protection for trade secrets and includes specific whistleblower protections and notice requirements

Economic Espionage Act: Federal law from 1996 that criminalizes trade secret theft and provides federal protection against economic espionage

Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides framework for trade secret protection at state level

Fair Labor Standards Act (FLSA): Federal law governing employment relationships that may affect consultant classification and related confidentiality obligations

State Contract Formation Laws: State-specific requirements for valid contract formation, including consideration and statute of frauds requirements

Copyright Act: Federal law protecting original works of authorship, relevant for intellectual property provisions in NDAs

Patent Act: Federal law governing patent rights and protection, important for NDAs involving potential inventions or innovations

Securities Exchange Act: Federal law governing securities trading and material non-public information disclosure

HIPAA: Health Insurance Portability and Accountability Act governing protection of medical information in healthcare sector

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to protect sensitive customer financial information

State Non-Compete Laws: State-specific regulations governing restrictions on competition and their enforceability

State Data Privacy Laws: State-specific requirements for protection and handling of personal and sensitive data

Enforceability Requirements: Key elements including reasonable scope, duration, geographic limitations, and legitimate business interest requirements

Whistleblower Protection Laws: Federal and state laws protecting individuals who report violations to government agencies

Return/Destruction Requirements: Legal requirements for handling confidential information upon termination of the consulting relationship

Find the exact document you need

Individual Non Disclosure Agreement

A U.S.-governed agreement protecting an organization's confidential information from disclosure by an individual recipient.

How Genie AI reduced drafting time by 75% for a legal firm

Let's create your Non Disclosure Agreement For Consultants

Authors

Alex Denne

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