This Form Non-Disclosure Agreement serves as a standardized template for businesses and individuals operating under New Zealand law who need to protect confidential information during business discussions, negotiations, or ongoing business relationships. The document is particularly useful when parties need to share sensitive information such as trade secrets, proprietary technology, business strategies, or customer data. It has been drafted to comply with New Zealand legal requirements, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and relevant common law principles regarding confidential information. The agreement can be used across various sectors and can be adapted for different business contexts while maintaining its core protective provisions. This Form Non-Disclosure Agreement is suitable for both one-way and mutual confidentiality obligations, providing a solid foundation for business relationships where confidentiality is crucial.
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1. Parties: Identifies and provides full details of all parties entering into the agreement
2. Background: Explains 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' and 'Permitted Purpose'
4. Scope of Confidential Information: Clearly outlines what information is covered by the agreement
5. Confidentiality Obligations: Details the core obligations regarding handling and protecting confidential information
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed
7. Security Measures: Outlines required security measures for protecting confidential information
8. Term and Termination: Specifies the duration of the agreement and termination provisions
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination
10. Breach and Remedies: Specifies consequences of breach and available remedies
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Include when confidential information includes IP that needs specific protection
2. Representatives and Employees: Add when the receiving party needs to share information with employees or representatives
3. Competing Activities: Include when there's a need to restrict the receiving party from competing activities
4. Privacy Compliance: Add when personal information is included in the confidential information
5. Data Protection Measures: Include when digital or electronic information requires specific protection measures
6. Publicity and Announcements: Add when there's a need to control public statements about the relationship
7. Non-Solicitation: Include when there's a need to prevent poaching of employees or clients
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Appendix A - Confidentiality Acknowledgment Form: Form for representatives or employees to acknowledge confidentiality obligations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Research and Development
Biotechnology
Education
Retail
Construction
Energy
Media and Entertainment
Telecommunications
Real Estate
Mining and Resources
Relevant Teams
Legal
Human Resources
Executive Leadership
Research and Development
Information Technology
Business Development
Operations
Finance
Procurement
Sales and Marketing
Product Development
Investment
Corporate Communications
Strategic Planning
Compliance
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Human Resources Director
Project Manager
Research Director
Chief Technology Officer
Product Manager
Procurement Manager
Investment Manager
Operations Director
Sales Director
Chief Financial Officer
Consultant
Department Head
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