The Technology Confidentiality Agreement is essential for businesses and organizations engaging in technology-related collaborations, developments, or services in New Zealand. This document becomes necessary when parties need to share sensitive technical information, such as source code, technical specifications, development methodologies, or proprietary technologies. It's particularly relevant in scenarios involving software development, technology consulting, system integration, or technology transfer. The agreement ensures compliance with New Zealand's legal framework, including the Privacy Act 2020 and Contract and Commercial Law Act 2017, while providing specific provisions for protecting technical information. It's designed to be adaptable for various technology sector relationships while maintaining robust protection for confidential information and intellectual property.
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1. Parties: Identification of all parties entering into the agreement, including registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Technology', 'Permitted Purpose', 'Representatives', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Use and Disclosure: Specific circumstances under which confidential information may be used or disclosed
7. Security Measures: Required technical and organizational security measures 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 Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Additional provisions for when confidential information may need to be shared with third parties such as contractors or advisors
2. Data Protection Compliance: Specific provisions relating to compliance with privacy laws when confidential information includes personal data
3. Export Control: Provisions for when the technology or information is subject to export control regulations
4. Source Code Protection: Special provisions for when source code or highly sensitive technical information is involved
5. Reverse Engineering Prohibition: Specific restrictions on reverse engineering of any technical products or solutions
6. Non-Solicitation: Restrictions on soliciting employees or customers who become known through the confidential information
7. Competing Projects: Provisions regarding work on similar or competing projects during the confidentiality period
1. Schedule 1 - Description of Technology: Detailed description of the technology covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party who may access confidential information
3. Schedule 3 - Security Requirements: Specific technical and organizational security requirements for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted purpose for which confidential information may be used
5. Appendix A - Data Handling Procedures: Step-by-step procedures for handling, storing, and destroying confidential information
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