This Bilateral NDA template is designed for use in New Zealand business contexts where two parties need to share confidential information while ensuring mutual protection. The agreement is particularly suitable for business negotiations, joint ventures, potential partnerships, or any situation where sensitive information needs to be exchanged. It complies with New Zealand legal requirements, including the Privacy Act 2020 and Contract and Commercial Law Act 2017, and includes comprehensive definitions of confidential information, clear obligations for both parties, and specific provisions for handling, protecting, and returning or destroying sensitive data. The bilateral nature of the agreement ensures equal protection for both parties, making it ideal for balanced business relationships where trust and confidentiality are essential.
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1. Parties: Identifies the parties entering into the NDA, including their legal names, addresses, and company details
2. Background: Explains the context and purpose of the NDA, including the nature of the business relationship
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Details the core obligations to maintain confidentiality, including specific prohibitions and requirements
5. Permitted Uses and Disclosures: Specifies how and when confidential information may be used or disclosed, including to authorized representatives
6. Security Measures: Outlines required security measures for protecting confidential information
7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. General Provisions: Standard contract clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Include when confidential information includes IP rights or when IP might be created during the business relationship
2. Privacy Compliance: Include when personal information is likely to be shared, ensuring compliance with Privacy Act 2020
3. Export Control: Include for international relationships or when dealing with regulated technologies
4. Competing Projects: Include when parties may be working on similar projects or in competing markets
5. Non-Solicitation: Include to prevent poaching of employees or clients
6. Public Announcements: Include when there's potential for public disclosure of the business relationship
7. Insurance Requirements: Include when handling particularly sensitive or valuable information
1. Schedule 1 - Description of Confidential Information: Detailed description or categories of information considered confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Education
Research & Development
Retail
Construction
Engineering
Biotechnology
Software Development
Consulting
Media & Entertainment
Real Estate
Energy
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Human Resources
Finance
Operations
Procurement
Information Technology
Commercial
Innovation
Strategy
Partnership Management
Investment
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Contract Manager
Chief Technology Officer
Project Manager
Research Director
Human Resources Manager
Chief Financial Officer
Operations Manager
Procurement Manager
Investment Manager
Partnership Manager
Innovation Director
Commercial Manager
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