It is important to include detailed confidentiality provisions in advisory agreements, as consultants generally do not have a duty of confidentiality, unlike staff. The company should ensure that the confidentiality rules cover all types of information that it considers confidential and to which the consultant has access. However, the company should ensure that the clause does not attempt to prevent the contractor from using information that has become part of his or her own skills, knowledge and experience, unlike trade secrets, for example, as this is not applicable when challenged. Historically, advice agreements may include clauses by which the advisor agrees to the client to retain and process his personal data. However, according to the RGPD, this type of general consent is no longer as useful as it can be revoked at any time. Given the new obligations and responsibilities, it is important that consultants and clients take these considerations before entering into (or pursuing) a consulting contract. If necessary, the consultation procedures should be changed. Depending on the services the consultant must provide and, for example, if he exercises a right to appoint a substitute, the advisor may also be either a data processor or a data manager. The consequence of a data processor is that the advisor is subject to additional obligations arising from the RGPD, which must be expressed in the advisory agreement.

In particular, the advisor should: If the consultant agreement imposes detailed and/or restrictive obligations on the advisor, this may be a level of control that indicates that the advisor is actually an employee or employee. For the same reason, the clause should not include employment-related benefits, such as leave rights/wages, and specify that the counsellor is not paid for a period during which services are not provided. B for example because of the consultant`s poor health. The person concerned is the identified or identifiable living person with personal data (section 3(5), DPA 2018).