This One-Way NDA is designed for use in New Zealand business contexts where one party (the disclosing party) needs to share confidential information with another party (the receiving party) while maintaining strict control over its use and dissemination. The agreement is particularly useful in situations involving business negotiations, potential partnerships, vendor relationships, or professional service engagements. It complies with New Zealand legal requirements, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and relevant common law principles regarding confidential information. The document typically covers various types of confidential information including trade secrets, proprietary data, customer information, financial details, and intellectual property, providing comprehensive protection through clearly defined obligations, permitted uses, and enforcement mechanisms.
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1. Parties: Identifies and provides full legal details of the disclosing party and receiving party
2. Background: Sets out the context and purpose of the agreement, including the nature of the confidential information to be disclosed
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Confidentiality Obligations: Core section detailing the receiving party's obligations to maintain confidentiality and prevent unauthorized disclosure
5. Permitted Use and Disclosure: Specifies the authorized uses of confidential information and circumstances under which disclosure is permitted
6. Security Measures: Outlines the required security measures for protecting confidential information
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 for termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional section when confidential information includes IP rights that need specific protection
2. Representatives and Affiliates: Include when the receiving party needs to share information with specific employees, advisors, or affiliated companies
3. Notice Requirements: Detailed notice provisions when formal communication procedures are required
4. Survival: Specific provisions about which obligations survive termination, if different from standard confidentiality period
5. Non-Solicitation: Include when there's a risk of employee or customer poaching
6. Publicity and Announcements: When public statements about the relationship need to be controlled
7. Data Protection: Include when confidential information includes personal data under the Privacy Act 2020
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by 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 confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Research & Development
Retail
Education
Biotechnology
Real Estate
Construction
Media & Entertainment
Telecommunications
Energy
Legal Services
Consulting
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Sales
Research and Development
Information Technology
Finance
Procurement
Operations
Product Development
Marketing
Strategy
Compliance
Innovation
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Managing Director
Business Development Manager
Project Manager
Legal Counsel
Human Resources Director
Procurement Manager
Research Director
Investment Manager
Operations Manager
Sales Director
Product Manager
Compliance Officer
Strategy Consultant
Technical Lead
Innovation Manager
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