The Deed of Non-Disclosure is a crucial legal instrument used in New Zealand business contexts where parties need to share sensitive information while ensuring its confidentiality and protection. This document is particularly relevant when parties are exploring potential business relationships, conducting due diligence, engaging in joint ventures, or sharing trade secrets. As a deed rather than a simple contract, it provides enhanced enforceability under New Zealand law and doesn't require consideration to be valid. The document complies with the Property Law Act 2007, Privacy Act 2020, and other relevant New Zealand legislation, making it suitable for protecting various types of confidential information, from trade secrets and intellectual property to customer data and business strategies.
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1. Parties: Identifies and defines all parties to the deed, including full legal names and addresses
2. Background: Sets out the context and purpose of the deed, including the nature of the relationship between the parties
3. Definitions and Interpretation: Defines key terms including 'Confidential Information', 'Permitted Purpose', and interpretation rules
4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and permitted uses of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and advisors
6. Security Measures: Required measures to protect and secure confidential information
7. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination
8. Term and Survival: Duration of the deed and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Additional provisions when confidential information may need to be shared with third parties or contractors
2. Intellectual Property Rights: Specific provisions protecting IP rights when confidential information includes intellectual property
3. Data Protection: Additional provisions when confidential information includes personal data subject to privacy laws
4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
5. Publicity and Announcements: Controls on public statements about the relationship or agreement
6. Competition Restrictions: Additional restrictions on competitive activities, if appropriate to the relationship
7. Expert Determination: Process for resolving technical disputes through expert determination
1. Schedule 1 - Confidential Information: Detailed description or categories of information deemed confidential
2. Schedule 2 - Authorized Recipients: List of authorized personnel or roles permitted to access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for different types of confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted uses of the confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research and Development
Retail
Energy
Telecommunications
Biotechnology
Real Estate
Education
Media and Entertainment
Mining and Resources
Construction
Relevant Teams
Legal
Executive Leadership
Human Resources
Business Development
Research and Development
Information Technology
Finance
Operations
Procurement
Compliance
Strategy
Innovation
Corporate Development
Mergers and Acquisitions
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Human Resources Director
Chief Technology Officer
Chief Financial Officer
Procurement Manager
Operations Manager
Investment Manager
Compliance Officer
Strategy Director
Innovation Manager
Partnership Manager
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