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Commercial In Confidence Agreement

Commercial In Confidence Agreement Template for New Zealand

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Key Requirements PROMPT example:

Commercial In Confidence Agreement

"I need a Commercial In Confidence Agreement for a technology partnership between my software company and a cloud services provider, with specific provisions for protecting source code and customer data, to be effective from March 2025."

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Document background
The Commercial In Confidence Agreement is essential for businesses and individuals operating in New Zealand who need to protect sensitive information during commercial relationships, negotiations, or business transactions. This document is commonly used when parties need to share confidential information such as trade secrets, proprietary technology, business strategies, customer data, or financial information. The agreement ensures compliance with New Zealand legal requirements, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and relevant common law principles. It is particularly crucial in scenarios involving business partnerships, vendor relationships, employee or contractor engagements, and due diligence processes, where protection of confidential information is paramount for maintaining competitive advantage and legal compliance.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Explains the context and purpose of the agreement, including the nature of the confidential relationship

3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information'

4. Scope of Confidential Information: Clearly outlines what information is covered by the agreement

5. Confidentiality Obligations: Details the core obligations to maintain confidentiality and permitted uses of the information

6. Security Measures: Specifies required security measures for protecting confidential information

7. Term and Survival: Specifies duration of the agreement and which obligations survive termination

8. Return or Destruction of Information: Requirements for handling confidential information upon termination

9. Breach and Remedies: Consequences of breach and available remedies

10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Permitted Disclosures: Used when specific categories of people (e.g., employees, advisors) need defined access rights

2. Data Protection Compliance: Required when confidential information includes personal data

3. Intellectual Property Rights: Needed when confidential information includes IP that requires specific protection

4. Non-Competition: Optional restraint of trade provisions when competitive activities need to be restricted

5. Publicity and Announcements: Used when public communications about the relationship need to be controlled

6. Insurance Requirements: Included when specific insurance coverage is required for handling confidential information

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered

2. Schedule 2 - Authorized Personnel: List of individuals authorized to access the confidential information

3. Schedule 3 - Security Protocols: Detailed security procedures and requirements

4. Appendix A - Confidentiality Acknowledgment Form: Template form for authorized personnel to sign

5. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

























Clauses

























Relevant Industries

Technology and Software

Financial Services

Professional Services

Healthcare

Manufacturing

Research and Development

Biotechnology

Energy and Resources

Telecommunications

Real Estate

Mining and Exploration

Education

Retail and Consumer Goods

Media and Entertainment

Relevant Teams

Legal

Compliance

Information Security

Research and Development

Executive Leadership

Human Resources

Procurement

Business Development

Risk Management

Information Technology

Finance

Operations

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Commercial Director

Business Development Manager

Research Director

Project Manager

Information Security Officer

Procurement Manager

Human Resources Director

Chief Technology Officer

Chief Financial Officer

Contract Manager

Compliance Officer

Risk Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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