The Non-Disclosure Agreement For Software Development is essential when parties need to share sensitive information during software development projects in New Zealand. This document is commonly used when engaging external developers, partnering with technology companies, or outsourcing software development work. It ensures protection of valuable intellectual property, trade secrets, proprietary code, development methodologies, and business information. The agreement complies with New Zealand's legal framework, including the Privacy Act 2020 and Contract and Commercial Law Act 2017, making it suitable for both domestic and international software development arrangements. It's particularly important in scenarios involving innovative technology, proprietary algorithms, or competitive market advantages that need to be protected while enabling necessary collaboration between parties.
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1. Parties: Identifies and defines the parties entering into the agreement, including their legal names, addresses, and company details
2. Background: Sets out the context of the agreement, including the purpose of sharing confidential information and the nature of the software development project
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Software', 'Intellectual Property', and 'Representatives'
4. Confidentiality Obligations: Core provisions detailing the obligations to maintain confidentiality, permitted uses of confidential information, and standard of care required
5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including to employees and contractors involved in the software development
6. Security Measures: Outlines required security protocols for protecting confidential information, including digital security measures
7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard contractual clauses including governing law, jurisdiction, and entire agreement provisions
1. Intellectual Property Rights: Additional provisions specifically addressing IP rights in any software or documentation shared - include when software IP protection is a significant concern
2. Source Code Protection: Specific provisions for protecting source code - include when source code access is part of the development process
3. Third Party Disclosure: Provisions for sharing information with third-party developers or contractors - include when external parties may be involved
4. Data Privacy Compliance: Specific obligations regarding personal data protection - include when personal data processing is involved
5. Non-Competition: Restrictions on competing activities - include when protecting market advantage is crucial
6. Escrow Arrangements: Provisions for source code escrow - include when source code security is critical
7. Insurance Requirements: Obligations to maintain specific insurance coverage - include for high-value or high-risk projects
8. Audit Rights: Rights to audit compliance with confidentiality obligations - include for high-security projects
1. Schedule 1 - Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of authorized individuals who will have access to confidential information
3. Schedule 3 - Security Protocols: Detailed security requirements and procedures for handling confidential information
4. Schedule 4 - Project Scope: Description of the software development project (if specific to a particular project)
5. Appendix A - Acknowledgment Form: Form for authorized personnel to acknowledge their confidentiality obligations
6. Appendix B - Security Breach Protocol: Procedures to follow in case of a security or confidentiality breach
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
E-commerce
Telecommunications
Education Technology
Gaming and Entertainment
Manufacturing
Professional Services
Research and Development
Government and Public Sector
Retail Technology
Insurance Technology
Artificial Intelligence and Machine Learning
Relevant Teams
Legal
Information Technology
Software Development
Project Management
Information Security
Procurement
Research and Development
Quality Assurance
Operations
Risk Management
Compliance
Product Development
Systems Architecture
DevOps
Solutions Engineering
Relevant Roles
Software Developer
Project Manager
Chief Technology Officer
IT Director
Software Architect
Business Analyst
System Administrator
Quality Assurance Engineer
Technical Lead
Development Manager
Product Owner
Scrum Master
DevOps Engineer
Solutions Architect
IT Consultant
Information Security Manager
Legal Counsel
Procurement Manager
Contract Manager
Chief Information Officer
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