This Boilerplate Non-Disclosure Agreement is designed for use in New Zealand business contexts where parties need to share sensitive or confidential information while ensuring legal protection. It serves as a foundational document for various business relationships, including potential partnerships, employment, contractor engagement, and business negotiations. The agreement complies with New Zealand legal requirements, including the Privacy Act 2020 and Contract and Commercial Law Act 2017, while incorporating best practices for confidentiality protection. This template is structured to be adaptable across different industries and scenarios while maintaining robust protection for confidential information. It includes essential provisions for defining confidential information, permitted uses, security measures, and breach remedies, making it suitable for both simple and complex business relationships.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Explains the context and purpose of the NDA, including the nature of the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Use and Disclosure: Specifies allowed uses of confidential information and circumstances under which disclosure is permitted
6. Security Measures: Required steps for protecting and securing confidential information
7. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
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 clauses including governing law, jurisdiction, and entire agreement
1. Personal Information Handling: Additional provisions for compliance with the Privacy Act 2020 when personal information is involved
2. Intellectual Property Rights: Specific provisions clarifying ownership and protection of IP when relevant to the confidential information
3. Competition Law Compliance: Necessary when parties are competitors or in regulated industries
4. Export Control: Required when confidential information may be subject to international transfer restrictions
5. Data Protection: Enhanced provisions for digital information security and cyber protection measures
6. Third Party Disclosure: Additional provisions for when disclosure to third party contractors or advisors is anticipated
7. Publicity and Announcements: Controls on public statements about the relationship between the parties
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the NDA
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures required for handling confidential information
4. Appendix A - Confidentiality Acknowledgment Form: Template form for representatives to acknowledge confidentiality obligations
Relevant legal definitions
Confidential Information
Business Day
Permitted Purpose
Disclosing Party
Receiving Party
Representatives
Affiliate
Agreement
Effective Date
Personal Information
Confidentiality Period
Authorised Disclosure
Security Breach
Trade Secrets
Intellectual Property Rights
Related Company
Designated Contact Person
Excluded Information
Material Breach
Permitted Recipients
Confidentiality Obligations
Security Requirements
Term
Working Hours
Force Majeure Event
Business Day
Permitted Purpose
Disclosing Party
Receiving Party
Representatives
Affiliate
Agreement
Effective Date
Personal Information
Confidentiality Period
Authorised Disclosure
Security Breach
Trade Secrets
Intellectual Property Rights
Related Company
Designated Contact Person
Excluded Information
Material Breach
Permitted Recipients
Confidentiality Obligations
Security Requirements
Term
Working Hours
Force Majeure Event
Clauses
Confidentiality
Non-Disclosure
Information Security
Data Protection
Return of Information
Permitted Use
Term and Termination
Breach and Remedies
Indemnification
Governing Law
Dispute Resolution
Assignment
Variation
Severability
Entire Agreement
Notices
Third Party Rights
Force Majeure
Counterparts
Survival
Privacy Compliance
Intellectual Property
Representatives and Employees
Exceptions to Confidentiality
Permitted Disclosure
Non-Disclosure
Information Security
Data Protection
Return of Information
Permitted Use
Term and Termination
Breach and Remedies
Indemnification
Governing Law
Dispute Resolution
Assignment
Variation
Severability
Entire Agreement
Notices
Third Party Rights
Force Majeure
Counterparts
Survival
Privacy Compliance
Intellectual Property
Representatives and Employees
Exceptions to Confidentiality
Permitted Disclosure
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Real Estate
Retail
Education
Research and Development
Construction
Media and Entertainment
Telecommunications
Biotechnology
Energy
Legal Services
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Procurement
Research & Development
Operations
Finance
Information Technology
Compliance
Administrative
Project Management
Investment
Corporate Development
Risk Management
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Human Resources Director
Project Manager
Procurement Manager
Research Director
Investment Manager
Operations Manager
Contract Administrator
Chief Technology Officer
Chief Financial Officer
Business Analyst
Compliance Officer
Department Head
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