The Non-Disclosure Agreement For Website Development is essential when engaging in website development projects where sensitive business information, technical specifications, and proprietary data need to be shared between parties. This agreement is specifically tailored for use in New Zealand, incorporating requirements from relevant legislation including the Contract and Commercial Law Act 2017, Privacy Act 2020, and Copyright Act 1994. It is typically used before commencing website development work, during the proposal and negotiation phase, or when engaging with potential development partners. The document covers protection of source code, design elements, business processes, client data, and other confidential information specific to website development projects. It's particularly important in the New Zealand market where digital services must comply with specific local data protection and privacy requirements.
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1. Parties: Identifies the parties entering into the agreement - typically the website development company and the client
2. Background: Explains the context of the agreement - that the parties are entering into discussions regarding website development services and need to exchange confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Website Development Services', 'Intellectual Property Rights', 'Representatives', and other relevant terms
4. Purpose of Disclosure: Specifies the limited purpose for which confidential information may be shared and used
5. Confidentiality Obligations: Details the core obligations to maintain confidentiality, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Specifies who may receive the confidential information (e.g., employees, contractors) and under what conditions
7. Security Measures: Outlines specific security measures required to protect confidential information, particularly digital assets and access credentials
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection Compliance: Additional provisions for compliance with privacy laws when personal data is involved in the website development
2. Source Code Protection: Specific provisions for protecting source code and development methodologies when these are part of the confidential information
3. Third Party Disclosure: Provisions for situations where third-party contractors or service providers need access to confidential information
4. International Transfer of Data: Required when website development involves cross-border transfer of confidential information
5. Non-Solicitation: Prevents parties from hiring each other's employees or contractors involved in the website development
6. Publicity: Restrictions on public announcements or references to the business relationship
7. Insurance Requirements: Specific insurance requirements for protecting against data breaches or confidentiality violations
1. Schedule 1 - Specified Confidential Information: Detailed list of specific types of confidential information to be protected, including technical specifications, business processes, and client data
2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling digital information and access credentials
4. Schedule 4 - Approved Third Party Recipients: List of approved third parties who may receive confidential information and their specific access levels
5. Appendix A - Data Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
E-commerce
Digital Services
Professional Services
Retail
Healthcare
Financial Services
Education
Manufacturing
Media and Entertainment
Consulting
Real Estate
Tourism and Hospitality
Relevant Teams
Legal
Information Technology
Procurement
Digital Development
Operations
Information Security
Risk Management
Business Development
Project Management
Design
Marketing
Compliance
Relevant Roles
Website Developer
Project Manager
Chief Technology Officer
IT Director
Business Development Manager
Legal Counsel
Procurement Manager
Digital Marketing Manager
Product Owner
UX Designer
System Administrator
Information Security Officer
Contract Manager
Operations Manager
Technical Lead
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