This One Way Confidentiality Agreement is essential for situations where one party needs to share sensitive business or technical information with another party while maintaining strict confidentiality. Common scenarios include business negotiations, due diligence processes, consultant engagements, or vendor relationships. The agreement, governed by New Zealand law, provides comprehensive protection for confidential information including trade secrets, proprietary technology, customer data, and business strategies. It establishes clear obligations for information handling, permitted uses, and consequences of breach, while ensuring compliance with New Zealand's privacy and contract law requirements. This document is particularly crucial in preliminary business discussions where detailed information needs to be shared before establishing a broader commercial relationship.
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1. Parties: Identifies and defines the Disclosing Party and Receiving Party with their full legal names and details
2. Background: Sets out the context and purpose for sharing confidential information and entering into the agreement
3. Definitions: Defines key terms including 'Confidential Information', 'Authorized Purpose', 'Representatives', and other relevant terms
4. Disclosure of Confidential Information: Describes the scope and manner in which confidential information will be disclosed
5. Confidentiality Obligations: Details the specific obligations of the Receiving Party regarding the protection and non-disclosure of confidential information
6. Permitted Use and Disclosure: Specifies the authorized purposes for which the confidential information can be used and circumstances under which disclosure is permitted
7. Security Measures: Outlines the required security measures and standards for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
9. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
10. Breach and Remedies: Sets out the consequences of breach and available remedies
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Clarifies that no IP rights are transferred through the disclosure of confidential information
2. Data Protection Compliance: Additional provisions when confidential information includes personal data subject to privacy laws
3. Representatives and Third Parties: Detailed provisions about who can access the information and their obligations
4. Non-Solicitation: Prevents the Receiving Party from soliciting employees or clients of the Disclosing Party
5. Publicity and Announcements: Restrictions on public announcements about the relationship or agreement
6. Export Control: Required when confidential information is subject to export control regulations
7. Competing Activities: Restrictions on competing activities using the confidential information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive and use the confidential information
3. Schedule 3 - Security Requirements: Specific security protocols and requirements for handling the confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized recipients to sign
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research and Development
Biotechnology
Real Estate
Education
Retail
Energy
Mining
Agriculture
Media and Entertainment
Telecommunications
Relevant Teams
Legal
Business Development
Research and Development
Human Resources
Executive Leadership
Information Technology
Operations
Finance
Procurement
Compliance
Intellectual Property
Strategy
Innovation
Commercial
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Research Director
Project Manager
Human Resources Director
Chief Technology Officer
Innovation Manager
Procurement Manager
Investment Manager
Operations Director
Commercial Manager
Intellectual Property Manager
Chief Financial Officer
Strategy Director
Sales Director
Compliance Officer
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