The Government Non Disclosure Agreement is a critical legal instrument used by New Zealand government entities when sharing sensitive or confidential information with external parties. This document is essential when government departments, ministries, or Crown entities need to engage with contractors, consultants, service providers, or other third parties who require access to non-public government information. The agreement ensures compliance with New Zealand's public sector legislation, including the Official Information Act 1982, Privacy Act 2020, and Public Records Act 2005. It is specifically structured to address the unique requirements of government information protection while maintaining the flexibility to accommodate various types of confidential information and different relationship contexts within the public sector.
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1. Parties: Identifies the government entity and the recipient of confidential information, including their legal capacity and authority
2. Background: Explains the context and purpose of the NDA, including the relationship between parties and reason for information sharing
3. Definitions: Defines key terms including 'Confidential Information', 'Authorized Purpose', 'Government Information', and other relevant terms
4. Scope of Confidential Information: Clearly specifies what information is covered by the agreement, including classifications and categories
5. Confidentiality Obligations: Details the core obligations regarding handling, protection, and non-disclosure of confidential information
6. Permitted Uses and Disclosure: Specifies authorized uses of the confidential information and circumstances under which disclosure is permitted
7. Security Measures: Outlines required security protocols and measures for protecting confidential information
8. Duration and Survival: Specifies the term of the agreement and which obligations survive termination
9. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and variation
1. International Transfer of Information: Required when confidential information may be transferred across borders, addressing compliance with international data protection requirements
2. Intellectual Property Rights: Included when confidential information includes IP that requires specific protection measures
3. Government Security Classifications: Required when dealing with classified government information requiring specific handling procedures
4. Audit Rights: Optional section granting the government entity rights to audit compliance with the NDA
5. Personnel Requirements: Specific requirements for personnel handling the confidential information, including security clearances
6. Data Privacy Compliance: Detailed privacy obligations when confidential information includes personal data
7. Conflict Resolution: Alternative dispute resolution procedures specific to government contracts
1. Schedule 1 - Description of Confidential Information: Detailed listing and categorization of confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access the confidential information
3. Schedule 3 - Security Protocols: Detailed security requirements and procedures for handling confidential information
4. Schedule 4 - Approved Disclosure Recipients: Pre-approved third parties who may receive the confidential information
5. Appendix A - Information Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information
6. Appendix B - Incident Reporting Template: Template and procedures for reporting security incidents or breaches
7. Appendix C - Compliance Certification Form: Form for periodic certification of compliance with NDA obligations
Relevant legal definitions
Clauses
Relevant Industries
Government Administration
Public Sector Services
Defense and Security
Healthcare
Education
Infrastructure
Information Technology
Financial Services
Research and Development
Energy
Transportation
Environmental Services
Telecommunications
Professional Services
Construction
Relevant Teams
Legal
Compliance
Information Security
Risk Management
Procurement
Government Relations
External Affairs
Information Technology
Operations
Project Management
Privacy
Records Management
Security
Contracts Administration
Relevant Roles
Chief Executive Officer
Government Relations Manager
Procurement Manager
Legal Counsel
Chief Information Security Officer
Project Manager
IT Security Manager
Contract Manager
Compliance Officer
Risk Manager
Public Sector Consultant
Department Secretary
Chief Privacy Officer
Information Management Officer
Security Clearance Officer
Government Contractor
Policy Advisor
External Affairs Director
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