This Boilerplate Confidentiality Agreement serves as a foundational document for businesses and individuals operating in New Zealand who need to protect sensitive information during business dealings. It is designed to comply with New Zealand's legal framework, including the Privacy Act 2020, Contract and Commercial Law Act 2017, and Fair Trading Act 1986. The agreement is typically used when parties need to share confidential information for business purposes such as evaluating potential partnerships, during due diligence processes, or in contractor relationships. It provides comprehensive protection for various types of confidential information including trade secrets, proprietary information, customer data, and business strategies. The template is structured to be easily customizable while maintaining essential protections required under New Zealand law.
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1. Parties: Identifies and defines the parties entering into the agreement, including their legal names, addresses, and company details if applicable
2. Background: Sets out the context and purpose of the agreement, including why confidential information needs to be shared
3. Definitions: Defines key terms used in the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and use of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Security Measures: Required steps to maintain security and prevent unauthorized access to confidential information
7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions clarifying ownership and protection of IP rights in the confidential information, used when IP is a significant component
2. Data Protection: Specific obligations regarding personal data protection, required when confidential information includes personal data
3. International Transfer: Provisions governing international transfer of confidential information, needed for cross-border arrangements
4. Competing Activities: Restrictions on competing activities or non-solicitation, included when business protection beyond confidentiality is required
5. Third Party Rights: Provisions regarding rights of third parties, needed when third party information is involved or when third parties need enforcement rights
6. Force Majeure: Provisions for handling unexpected events affecting confidentiality obligations, included for long-term or high-risk arrangements
7. Warranties: Specific warranties regarding the confidential information, included when accuracy or completeness of information is crucial
1. Schedule 1 - Description of Confidential Information: Detailed description or categories of 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: Detailed description of the permitted use of confidential information
Relevant legal definitions
Confidential Information
Permitted Purpose
Authorised Representatives
Disclosing Party
Receiving Party
Affiliate
Business Day
Confidentiality Obligation
Permitted Disclosures
Representatives
Third Party
Personal Information
Trade Secrets
Intellectual Property Rights
Related Entity
Security Breach
Authorised Disclosure
Excluded Information
Effective Date
Term
Proprietary Information
Business Information
Material Breach
Confidential Materials
Group Company
Permitted Purpose
Authorised Representatives
Disclosing Party
Receiving Party
Affiliate
Business Day
Confidentiality Obligation
Permitted Disclosures
Representatives
Third Party
Personal Information
Trade Secrets
Intellectual Property Rights
Related Entity
Security Breach
Authorised Disclosure
Excluded Information
Effective Date
Term
Proprietary Information
Business Information
Material Breach
Confidential Materials
Group Company
Clauses
Confidentiality
Non-Disclosure
Information Security
Data Protection
Return of Information
Permitted Use
Disclosure Requirements
Term and Termination
Breach and Remedies
Intellectual Property
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Variation
Notices
Third Party Rights
Waiver
Counterparts
Non-Disclosure
Information Security
Data Protection
Return of Information
Permitted Use
Disclosure Requirements
Term and Termination
Breach and Remedies
Intellectual Property
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Variation
Notices
Third Party Rights
Waiver
Counterparts
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research and Development
Retail
Education
Construction
Energy
Mining
Agriculture
Telecommunications
Media and Entertainment
Biotechnology
Relevant Teams
Legal
Human Resources
Procurement
Business Development
Research and Development
Executive Leadership
Finance
Operations
Information Technology
Compliance
Risk Management
Corporate Development
Administration
Project Management
Relevant Roles
Chief Executive Officer
Legal Counsel
Business Development Manager
Human Resources Director
Procurement Manager
Research Director
Project Manager
Investment Analyst
Operations Manager
Chief Technology Officer
Chief Financial Officer
Compliance Officer
Contract Administrator
Risk Manager
Department Head
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