This Unilateral Confidentiality Agreement template is designed for use under New Zealand law when 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 document is particularly useful in business negotiations, due diligence processes, potential partnerships, or service provider engagements where sensitive information needs to be shared. It includes comprehensive provisions for protecting various types of confidential information, from trade secrets and intellectual property to customer data and business strategies, while ensuring compliance with New Zealand's privacy and contract laws. The agreement provides clear mechanisms for enforcement and includes specific obligations regarding the handling, storage, and eventual return or destruction of confidential information.
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1. Parties: Identifies and defines the Disclosing Party and Receiving Party with their full legal names and addresses
2. Background: Explains the context and purpose for sharing confidential information and entering into the agreement
3. Definitions: Defines key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Confidentiality Obligations: Details the core obligations of the Receiving Party regarding the protection and non-disclosure of confidential information
5. Permitted Disclosures: Specifies circumstances under which the Receiving Party may disclose confidential information (e.g., to employees, professional advisors, or as required by law)
6. Security Measures: Outlines the specific measures the Receiving Party must implement to protect confidential information
7. Return or Destruction of Information: Describes obligations regarding the return or destruction of confidential information upon request or termination
8. Term and Termination: Specifies the duration of the agreement and circumstances for termination
9. Breach and Remedies: Details the consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement provisions
1. Intellectual Property Rights: Clarifies that no intellectual property rights are transferred under the agreement - include when dealing with technical information or trade secrets
2. Data Protection Compliance: Specific obligations regarding personal data protection - include when confidential information includes personal data
3. Export Control: Compliance with export control laws - include when dealing with technical data that may be subject to export restrictions
4. Residual Knowledge: Addresses use of general knowledge and experience gained - include when receiving party needs to protect ongoing business activities
5. Non-Solicitation: Prevents poaching of employees or clients - include when sharing sensitive business relationship information
6. Publicity: Restrictions on public announcements about the relationship - include when parties want to control public disclosure of their relationship
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered 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 confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or employees who will access the confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Manufacturing
Healthcare
Financial Services
Research & Development
Biotechnology
Mining & Resources
Education
Retail
Real Estate
Media & Entertainment
Relevant Teams
Legal
Corporate Development
Research & Development
Executive Leadership
Human Resources
Finance
Information Technology
Business Development
Procurement
Operations
Compliance
Strategy
Innovation
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Chief Technology Officer
Research Director
Project Manager
Investment Manager
Human Resources Director
Chief Financial Officer
Operations Manager
Procurement Manager
Company Secretary
Innovation Manager
Strategic Partnership Director
Compliance Officer
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