This Financial Confidentiality Agreement is essential for businesses operating in New Zealand that need to share sensitive financial information while ensuring legal compliance and protection. The document is specifically designed to align with New Zealand's regulatory framework, including the Privacy Act 2020 and Financial Markets Conduct Act 2013. It is commonly used in situations involving financial due diligence, merger and acquisition discussions, financial advisory services, and other scenarios where confidential financial data needs to be shared between parties. The agreement provides comprehensive protection for both physical and digital financial information, including provisions for data security, authorized access, and breach notification requirements under New Zealand law.
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1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Authorized Purpose', and 'Representatives'
4. Scope of Confidential Information: Clearly defines what constitutes confidential information under the agreement
5. Confidentiality Obligations: Details the core obligations regarding the handling, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and to whom
7. Security Measures: Outlines required security measures for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Specific provisions for compliance with privacy laws when confidential information includes personal data
2. Intellectual Property Rights: Additional provisions when confidential information includes intellectual property
3. International Transfer of Information: Required when confidential information may be transferred across borders
4. Regulatory Compliance: Specific provisions for financial sector regulatory compliance, particularly relevant for financial institutions
5. Insurance Requirements: Provisions requiring specific insurance coverage for data protection
6. Audit Rights: Provisions allowing audit of information handling procedures
7. Subcontractor Obligations: Required when either party may need to involve subcontractors who will access confidential information
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to access and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Information Handling Procedures: Specific procedures for handling, storing, and transmitting confidential information
5. Appendix A - Data Breach Response Plan: Procedures to be followed in case of a data breach or unauthorized disclosure
6. Appendix B - Approved Security Standards: Technical and organizational security standards required for compliance
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Insurance
Investment Management
Corporate Finance
Fintech
Professional Services
Accounting
Business Consulting
Wealth Management
Private Equity
Venture Capital
Asset Management
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Corporate Development
Mergers & Acquisitions
Investment
Audit
Information Security
Data Protection
Executive Leadership
Relevant Roles
Chief Financial Officer
Financial Controller
Investment Manager
Financial Analyst
Compliance Officer
Risk Manager
Legal Counsel
Investment Banker
Financial Advisor
Treasury Manager
Audit Manager
Finance Director
Corporate Development Manager
M&A Specialist
Due Diligence Officer
Data Protection Officer
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