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PLAYBOOK TEMPLATES
Management Consulting Agreement
A Management Consulting Agreement governs advisory or professional services engagements. This playbook explores fee structures, confidentiality, and limitation of liability provisions.
Compliance Requirements
Negotiation strategy
Ensure the contract includes comprehensive compliance clauses covering all relevant laws and regulations. Insist on the right to conduct periodic audits to verify compliance.
Negotiate clear compliance obligations that are feasible and within the contractor's control. Seek to limit audit rights to reasonable frequency and scope.
Essential elements
1
Compliance with Laws
Adherence to all applicable laws.
2
Data Protection
Safeguarding personal data.
3
Anti-Bribery
Prohibition of corrupt practices.
Action framework
ACCEPT
Propose edits if specific laws or regulations are missing or outdated.
EDIT
Reject if compliance obligations are overly burdensome or vague.
ADD
Add clauses for jurisdiction-specific requirements or emerging regulations.
PRO TIP
Regularly review and update compliance clauses to reflect changes in law and company policy.
Real-world examples
FAVORABLE
Comprehensive Compliance Clause
"The Contractor shall comply with all applicable laws, regulations, and ordinances. The Contractor shall ensure that its employees, agents, and subcontractors comply with all applicable laws, regulations, and ordinances in the performance of this Agreement."
NEUTRAL
Basic Compliance Clause
"The Contractor shall comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and any other relevant privacy laws."
UNFAVORABLE
Incomplete Compliance Clause
"The Contractor shall comply with applicable laws."
Alternative scenarios & positions
High-Risk Projects
For high-risk projects, ensure compliance clauses are more stringent, with detailed audit rights and specific penalties for non-compliance.
International Operations
In international operations, tailor compliance clauses to address the specific legal requirements of each jurisdiction involved.
Data-Intensive Contracts
For data-intensive contracts, emphasize data protection measures and include specific obligations related to data security and breach notification.
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WEEK 3
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WEEK 4
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