Confidentiality Agreement (England and Wales)

The UK Confidentiality Agreement is used to put an obligation of confidentiality on the consultant business in relation to any confidential information disclosed to it pursuant to the services its providing.

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The UK Confidentiality Agreement is to be used in circumstances where a business is going to engage the services of another company (like management consultants) to help/improve the engaging company’s business. The concerns are the consultant business will be privy to the engaging company’s business secrets and confidential information and that these could be exploited.

The Confidentiality Agreement is used to put an obligation of confidentiality on the consultant business in relation to any confidential information disclosed to it pursuant to the services its providing. Among others, this agreement includes clauses covering the nature of the services provided, ownership of the confidential information, obligations of the parties, return of the confidential information and more.

This Confidentiality Agreement has been created by UK lawyers for use in England and Wales.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.














Confidentiality Agreement
(England and Wales)








This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Confidentiality Agreement





General Information
(Confidentiality Agreement)

The confidentiality agreement is to be used in circumstances where a company/business (“the engaging company”) is going to engage the services of another company (like management consultants) to help/improve their business. The concerns are the consultant business will be privy to the engaging companys business secrets and confidential information and that these could be exploited.

The Confidentiality Agreement is put in place to put an obligation of confidentiality on the consultant business in relation to any confidential information.

Please note that although the agreement is intended to protect the engaging company, the policing of any confidentiality agreement is very difficult. If a consultant company does steal confidential information there are really few options available for the engaging company other than recourse to the Courts to obtain an injunction or damages. This can of course be very expensive and complex.

As in common with all our agreements it is straightforward and self-explanatory.

We would draw your attention to the following clauses:

Parties   Enter carefully the details of the parties and state whether they are a business or company.

Recital    Please provide a brief description of the business of the company and the nature of the services to be provided by the consultant company.

Clause 4    State the name of the person of the engaging company who can authorise the use of any confidential information beyond the scope of the confidentiality agreement.





Instructions and Checklist
(Confidentiality Agreement)

  Read the agreement carefully and state whether the parties are a business or company.

   Insert all requested information in the spaces provided on the form.  

   Provide a brief description of the business of the company and nature of the services to be provided by the consultant company.

     This form contains the basic terms and language that should be included in similar agreements.  

     Both the Company and the Client must sign the Agreement.  State the name of the person of the engaging company who can authorize the use of any confidential information beyond the scope of this agreement.

   Both parties should retain either an original or copy of the signed agreement.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  






















DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



CONFIDENTIALITY AGREEMENT
THIS AGREEMENT is made on the   day of          20
BETWEEN:
(1)    [enter name] of [enter address]         (“Company”)
(2)    [enter name] of [enter address]         (“Client”)
WHEREAS
The Company is in the business of [state nature of the business].  The Client has appointed the Company to [state nature of services to be provided] to the Client.  Consequently, the Company may from time to time come into possession of confidential and or proprietary information or trade secrets belonging to the Client and or its customers.
THEREFORE THE PARTIES HERETO HAVE AGREED AS FOLLOWS:
The Company acknowledges that it will be furnished with or otherwise receive or have access to information which is of a confidential, proprietary or trade secret in nature either to the Client or to its customers or as defined by statute.  This information shall generally include but shall not be limited to information relation to the customers of the Client or information regarding business processes, know-how, plans methods or techniques or other technical data regarding administrative, management, financial or marketing activities of the Client or its customers and in particular but not limited to all information provided by the Client directly or indirectly to the Company.  For the avoidance of doubt all such information will be considered by the parties as being “Confidential Information”.
This Confidentiality Agreement shall not apply to information that is or becomes generally publicly available otherwise than through a violation of the terms of this Confidentiality Agreement or is required to be disclosed by law.
For the avoidance of doubt all Confidential Information will remain at all times the property of the Client.   The Company will not be deemed by virtue of this Confidentiality Agreement or by its access to such Confidential Information to have acquired any right or interest in or to the Confidential Information provided.
The Company undertakes to hold the Confidential Information in strict confidence and not to disclose it to any third party, including any of the Companys officers and or employees who do not have a need to know the Confidential Information without the prior written consent of the [Managing Director] of the Client and to use the Confidential Information solely and exclusively for the purposes of the services to be rendered to the Client.  The Company further undertakes to afford the Confidential Information the same level of protection against unauthorised disclosure or use as the Client normally uses to protect its own confidential information, but in no event less than reasonable care and to notify the Client promptly of any unauthorised use or disclosure of its Confidential Information and to co-operate and assist the Client in every way to stop or to minimise such unauthorised use or disclosure.
The Company agrees that at the request of the Client it will return or destroy any physical copies of all Confidential Information supplied here under which shall include information supplied on electronic media.
Without prejudice to any other rights or remedies that may be available the Company acknowledges that damages would not be an adequate remedy for a breach of this Confidentiality Agreement and that in the event of any actual or threatened breach hereof the Client shall be authorised and entitled to obtain from any court of competent jurisdiction injunctive relief, specific performance and other equitable relief.
This Agreement shall be governed by and construed in accordance with the English law and the parties hereto shall submit to the non-exclusive jurisdiction of the English courts.
The parties have read and have understood the terms and conditions of this Confidentiality Agreement.

Signed for and on behalf of the Clients authorised representative:
Name:   __________________________
Signature:    __________________________
Position:    __________________________
Dated:    __________________________
Signed for and on behalf of the Company by its authorised representative:
Name:   __________________________
Signature:    __________________________
Position:    __________________________
Dated:    __________________________

Number of Pages4
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#32247
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.














Confidentiality Agreement
(England and Wales)








This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Confidentiality Agreement





General Information
(Confidentiality Agreement)

The confidentiality agreement is to be used in circumstances where a company/business (“the engaging company”) is going to engage the services of another company (like management consultants) to help/improve their business. The concerns are the consultant business will be privy to the engaging companys business secrets and confidential information and that these could be exploited.

The Confidentiality Agreement is put in place to put an obligation of confidentiality on the consultant business in relation to any confidential information.

Please note that although the agreement is intended to protect the engaging company, the policing of any confidentiality agreement is very difficult. If a consultant company does steal confidential information there are really few options available for the engaging company other than recourse to the Courts to obtain an injunction or damages. This can of course be very expensive and complex.

As in common with all our agreements it is straightforward and self-explanatory.

We would draw your attention to the following clauses:

Parties   Enter carefully the details of the parties and state whether they are a business or company.

Recital    Please provide a brief description of the business of the company and the nature of the services to be provided by the consultant company.

Clause 4    State the name of the person of the engaging company who can authorise the use of any confidential information beyond the scope of the confidentiality agreement.





Instructions and Checklist
(Confidentiality Agreement)

  Read the agreement carefully and state whether the parties are a business or company.

   Insert all requested information in the spaces provided on the form.  

   Provide a brief description of the business of the company and nature of the services to be provided by the consultant company.

     This form contains the basic terms and language that should be included in similar agreements.  

     Both the Company and the Client must sign the Agreement.  State the name of the person of the engaging company who can authorize the use of any confidential information beyond the scope of this agreement.

   Both parties should retain either an original or copy of the signed agreement.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  






















DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



CONFIDENTIALITY AGREEMENT
THIS AGREEMENT is made on the   day of          20
BETWEEN:
(1)    [enter name] of [enter address]         (“Company”)
(2)    [enter name] of [enter address]         (“Client”)
WHEREAS
The Company is in the business of [state nature of the business].  The Client has appointed the Company to [state nature of services to be provided] to the Client.  Consequently, the Company may from time to time come into possession of confidential and or proprietary information or trade secrets belonging to the Client and or its customers.
THEREFORE THE PARTIES HERETO HAVE AGREED AS FOLLOWS:
The Company acknowledges that it will be furnished with or otherwise receive or have access to information which is of a confidential, proprietary or trade secret in nature either to the Client or to its customers or as defined by statute.  This information shall generally include but shall not be limited to information relation to the customers of the Client or information regarding business processes, know-how, plans methods or techniques or other technical data regarding administrative, management, financial or marketing activities of the Client or its customers and in particular but not limited to all information provided by the Client directly or indirectly to the Company.  For the avoidance of doubt all such information will be considered by the parties as being “Confidential Information”.
This Confidentiality Agreement shall not apply to information that is or becomes generally publicly available otherwise than through a violation of the terms of this Confidentiality Agreement or is required to be disclosed by law.
For the avoidance of doubt all Confidential Information will remain at all times the property of the Client.   The Company will not be deemed by virtue of this Confidentiality Agreement or by its access to such Confidential Information to have acquired any right or interest in or to the Confidential Information provided.
The Company undertakes to hold the Confidential Information in strict confidence and not to disclose it to any third party, including any of the Companys officers and or employees who do not have a need to know the Confidential Information without the prior written consent of the [Managing Director] of the Client and to use the Confidential Information solely and exclusively for the purposes of the services to be rendered to the Client.  The Company further undertakes to afford the Confidential Information the same level of protection against unauthorised disclosure or use as the Client normally uses to protect its own confidential information, but in no event less than reasonable care and to notify the Client promptly of any unauthorised use or disclosure of its Confidential Information and to co-operate and assist the Client in every way to stop or to minimise such unauthorised use or disclosure.
The Company agrees that at the request of the Client it will return or destroy any physical copies of all Confidential Information supplied here under which shall include information supplied on electronic media.
Without prejudice to any other rights or remedies that may be available the Company acknowledges that damages would not be an adequate remedy for a breach of this Confidentiality Agreement and that in the event of any actual or threatened breach hereof the Client shall be authorised and entitled to obtain from any court of competent jurisdiction injunctive relief, specific performance and other equitable relief.
This Agreement shall be governed by and construed in accordance with the English law and the parties hereto shall submit to the non-exclusive jurisdiction of the English courts.
The parties have read and have understood the terms and conditions of this Confidentiality Agreement.

Signed for and on behalf of the Clients authorised representative:
Name:   __________________________
Signature:    __________________________
Position:    __________________________
Dated:    __________________________
Signed for and on behalf of the Company by its authorised representative:
Name:   __________________________
Signature:    __________________________
Position:    __________________________
Dated:    __________________________

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