Checklist templates

The agreement states what counts as confidential information rather than leaving it to inference.

Present at 2 of 3 groups · looks for: confidential information · means · written

Information already public, independently developed, or lawfully received from a third party is carved out.

Present at 2 of 3 groups · looks for: public domain · independently developed · third party

The agreement names the purpose the information may be used for, and limits use to it.

Present at 2 of 2 groups · looks for: purpose · solely

A duty of care is placed on the receiving party — typically the same care it applies to its own confidential material.

Present at 2 of 3 groups · looks for: receiving party · reasonable care · shall not disclose

Where staff, advisers or affiliates may see the information, they must be bound by equivalent terms.

Present at 2 of 3 groups · looks for: representatives · need to know · bound by

Disclosure required by law, a court or a regulator is permitted, usually with notice to the disclosing party.

Present at 2 of 2 groups · looks for: required by law · notify

How long the agreement runs, and how long the confidentiality duty survives it.

Present at 2 of 2 groups · looks for: term of this agreement · survive

On request or on expiry the receiving party must return or destroy the confidential material.

Present at 2 of 3 groups · looks for: return · upon request · copies

Disclosure grants no ownership, licence or intellectual property rights in the information.

Present at 2 of 2 groups · looks for: no licence · intellectual property

Both parties are bound as disclosing and receiving party, rather than only one side carrying the duty.

Present at 2 of 2 groups · looks for: mutual · disclosing party

The agreement acknowledges that damages alone may be inadequate and preserves injunctive relief.

Present at 2 of 2 groups · looks for: injunctive relief · damages

The law that governs the agreement and the courts that hear a dispute are both named.

Present at 2 of 3 groups · looks for: governed by · laws of · jurisdiction

The role being offered and who the holder reports to.

Present at 1 of 2 groups · looks for: job title · report to

The date employment begins, or how it will be fixed.

Present at 1 of 2 groups · looks for: start date · subject to

Gross salary, the currency, and how often it is paid.

Present at 2 of 3 groups · looks for: salary · per annum · monthly

Normal working hours and where the work is carried out.

Present at 2 of 2 groups · looks for: hours of work · place of work

Whether a probationary period applies, its length, and the notice that applies during it.

Present at 1 of 2 groups · looks for: probation · months

The notice the employee must give and the notice the employer must give.

Present at 2 of 3 groups · looks for: notice period · weeks · either party

Paid annual leave, whether public holidays are included, and the leave year.

Present at 2 of 3 groups · looks for: holiday · days · public holidays

Pension arrangements and any other benefits forming part of the package.

Present at 1 of 2 groups · looks for: pension · benefits

Duties of confidentiality and the assignment of work created during employment.

Present at 2 of 2 groups · looks for: confidential · intellectual property

Right to work, references, or any background check the offer is conditional upon.

Present at 2 of 2 groups · looks for: conditional · right to work

Where the offer points to a staff handbook or policies, it says whether they are contractual.

Present at 2 of 2 groups · looks for: handbook · non-contractual

How the candidate accepts, and by when.

Present at 2 of 2 groups · looks for: accept · by

Who is responsible for the data, with a contact route for privacy questions.

Present at 2 of 2 groups · looks for: data controller · contact us

What is actually collected, listed rather than gestured at.

Present at 2 of 2 groups · looks for: personal data · name

Why each category of data is processed.

Present at 2 of 2 groups · looks for: purpose · services

The legal ground relied on — consent, contract, legal obligation, or legitimate interests.

Present at 2 of 2 groups · looks for: lawful basis · consent

Who else receives the data, and in what role.

Present at 2 of 2 groups · looks for: third parties · processors

Whether data leaves the UK or EEA, and the safeguard relied on if it does.

Present at 2 of 3 groups · looks for: transfer · outside the uk · standard contractual clauses

How long data is kept, or the criteria used to decide.

Present at 2 of 2 groups · looks for: retain · years

Access, rectification, erasure, restriction, portability and objection, and how to exercise them.

Present at 2 of 2 groups · looks for: your rights · rectification

The regulator a complaint can be taken to is named.

Present at 2 of 2 groups · looks for: complain · supervisory authority

What is stored on the device, and how it can be controlled.

Present at 2 of 2 groups · looks for: cookies · manage

The organisational and technical measures protecting the data.

Present at 2 of 2 groups · looks for: security · encryption

How updates are communicated, and when this version took effect.

Present at 1 of 2 groups · looks for: changes to this · last updated

What the supplier will actually deliver, or a statement of work the contract points to.

Present at 2 of 2 groups · looks for: services · shall provide

Price, how invoices are raised, and when payment falls due.

Present at 2 of 3 groups · looks for: fees · invoice · days of

The initial period and whether it renews automatically.

Present at 2 of 2 groups · looks for: initial term · renew

Termination for convenience and for cause, with the notice each requires.

Present at 2 of 3 groups · looks for: terminate · material breach · written notice

A measurable standard the services are held to, rather than best efforts alone.

Present at 1 of 2 groups · looks for: service level · performance standards

A confidentiality obligation covering both directions.

Present at 2 of 2 groups · looks for: confidential · shall not disclose

Where personal data is processed, the supplier's obligations as processor are set out.

Present at 2 of 2 groups · looks for: data protection · processor

Who owns pre-existing material, who owns the deliverables, and what licence is granted.

Present at 2 of 2 groups · looks for: intellectual property · licence

What the supplier warrants about the services, its authority and its compliance.

Present at 2 of 2 groups · looks for: warrants · reasonable skill and care

A liability cap, the losses excluded, and the heads of liability that cannot be limited.

Present at 2 of 3 groups · looks for: liability · cap · indirect

Who indemnifies whom, and for what.

Present at 2 of 2 groups · looks for: indemnify · claims

The cover the supplier must hold, and the level it must be held at.

Present at 2 of 2 groups · looks for: insurance · professional indemnity

The governing law, and how disputes are escalated or heard.

Present at 2 of 2 groups · looks for: governed by · jurisdiction

What the contractor is engaged to do, defined not assumed.

Present at 2 of 2 groups · looks for: services · shall provide

Day rate or fixed fee, invoicing route, and payment timing.

Present at 2 of 3 groups · looks for: fee · invoice · days

The agreement records that this is not employment and creates no employment rights.

Present at 2 of 2 groups · looks for: independent contractor · no employment

Whether the contractor may send a suitably qualified substitute, and on what conditions.

Present at 1 of 2 groups · looks for: substitute · suitably qualified

The contractor decides the method and, within reason, the hours — a marker of genuine self-employment.

Present at 2 of 2 groups · looks for: own discretion · not subject to

Who provides the tools, and where the work is carried out.

Present at 1 of 2 groups · looks for: equipment · premises

Ownership of what the contractor produces, and any assignment or licence.

Present at 2 of 2 groups · looks for: intellectual property · assign

A confidentiality duty covering client information seen during the engagement.

Present at 2 of 2 groups · looks for: confidential · shall not disclose

How long the engagement runs and how either side ends it.

Present at 2 of 2 groups · looks for: term · terminate

The contractor is responsible for its own tax, and usually indemnifies the client for it.

Present at 2 of 2 groups · looks for: tax · responsible for

Cover the contractor must hold, and any indemnity given to the client.

Present at 1 of 2 groups · looks for: insurance · indemnify

The governing law and the courts that hear a dispute.

Present at 2 of 3 groups · looks for: governed by · laws of · jurisdiction