This Indefinite NDA is designed for use in business relationships where ongoing protection of confidential information is essential under New Zealand law. It is particularly suitable for situations involving long-term business relationships, sensitive intellectual property, trade secrets, or proprietary information that requires protection beyond a fixed term. The document addresses requirements under New Zealand's privacy and commercial legislation, making it suitable for both domestic and international business relationships where New Zealand law governs. This agreement type is commonly used in strategic partnerships, joint ventures, potential mergers or acquisitions, and consulting relationships where sensitive information needs perpetual protection. The indefinite nature of the confidentiality obligations makes this agreement particularly suitable for protecting trade secrets and other business-critical information that retains its value indefinitely.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidentiality: Clear description of what constitutes confidential information and what is excluded
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by law
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon request or termination
8. Duration and Survival: Specification that obligations continue indefinitely and which provisions survive
9. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Additional provisions for compliance with privacy laws when personal data is involved
2. Intellectual Property Rights: Clarification that the agreement doesn't transfer any IP rights
3. Security Measures: Specific security requirements for storing and handling confidential information
4. Remedies and Injunctive Relief: Enhanced provisions for breach remedies and injunctive relief
5. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
6. Export Control: Provisions for international data transfers and compliance with export control laws
1. Schedule 1 - Confidential Information: Detailed description or categories of information considered confidential
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Acknowledgment Form: Form for representatives to acknowledge confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Research and Development
Biotechnology
Software Development
Consulting
Education
Retail
Real Estate
Media and Entertainment
Telecommunications
Relevant Teams
Legal
Executive Leadership
Human Resources
Research and Development
Information Technology
Finance
Operations
Business Development
Procurement
Corporate Development
Intellectual Property
Compliance
Risk Management
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Human Resources Director
Chief Financial Officer
Project Manager
Procurement Manager
Investment Manager
Operations Director
Intellectual Property Manager
Corporate Development Manager
Contract Administrator
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