This Non-Disclosure Agreement For Startups is essential for New Zealand-based startup companies engaging in business discussions, negotiations, and collaborations where confidential information needs to be shared. The document is particularly relevant when startups are seeking investment, developing partnerships, engaging with service providers, or exploring potential business opportunities. It ensures that sensitive information such as business plans, technological innovations, market strategies, and intellectual property is protected under New Zealand law. The agreement is designed to be flexible enough to cover various scenarios while remaining specific enough to be enforceable, incorporating key requirements from relevant New Zealand legislation including the Contract and Commercial Law Act 2017, Privacy Act 2020, and Fair Trading Act 1986. This template is suitable for both mutual and one-way confidentiality obligations, depending on the nature of the business relationship.
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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: 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', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core section detailing the obligations to maintain confidentiality, including specific prohibited actions
5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Security Measures: Outlines required security measures for protecting confidential information
7. Term and Termination: Specifies the duration of the agreement and circumstances for termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions
1. Intellectual Property Rights: Additional section clarifying ownership and protection of IP rights when the confidential information includes patentable inventions or copyright material
2. Data Privacy Compliance: Specific provisions for compliance with privacy laws when personal information is involved
3. Non-Solicitation: Optional restrictions on soliciting employees or customers, often included when parties may have access to sensitive relationship information
4. Competing Projects: Provisions addressing involvement in competing projects or businesses, particularly relevant for startup environments
5. Assignment and Subcontracting: Additional provisions for when either party may need to assign rights or involve subcontractors
6. Publicity and Announcements: Restrictions on public announcements about the business relationship, particularly important for startups in stealth mode
7. Residual Knowledge: Provisions addressing use of retained knowledge that cannot be reasonably purged from memory, sometimes requested by recipients
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling different types of confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used
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