Candidate Confidentiality Agreement for New Zealand

Candidate Confidentiality Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes confidentiality obligations between a potential employer and a job candidate during the recruitment process. The document ensures the protection of sensitive business information, trade secrets, and intellectual property that may be disclosed during interviews, assessments, or other pre-employment discussions. It includes specific provisions compliant with New Zealand's Privacy Act 2020 and related legislation, defining the scope of confidential information, duration of obligations, and consequences of breach.

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What is a Candidate Confidentiality Agreement?

The Candidate Confidentiality Agreement is essential for protecting sensitive business information during recruitment processes in New Zealand. It is typically used when candidates may be exposed to confidential information during interviews, technical assessments, or facility tours. The agreement ensures compliance with New Zealand privacy and employment laws while safeguarding the company's intellectual property, trade secrets, client information, and other confidential matters. This document is particularly crucial for senior roles, technical positions, or situations where candidates may access sensitive business strategies or proprietary information during the recruitment process. The agreement sets clear expectations regarding information handling and establishes legal remedies in case of unauthorized disclosure.

What sections should be included in a Candidate Confidentiality Agreement?

1. Parties: Identifies the company and the candidate who are entering into the agreement

2. Background: Explains the context of the agreement - that the candidate may receive confidential information during the recruitment process

3. Definitions: Defines key terms including 'Confidential Information', 'Recruitment Process', and other relevant terms

4. Confidentiality Obligations: Details the candidate's obligations to maintain confidentiality and not disclose or misuse confidential information

5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed (e.g., required by law)

6. Security Measures: Outlines the steps the candidate must take to protect confidential information

7. Return of Information: Requirements for returning or destroying confidential information after the recruitment process

8. Duration: Specifies how long the confidentiality obligations remain in effect

9. Breach and Remedies: Describes consequences of breaching the agreement and available remedies

10. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Candidate Confidentiality Agreement?

1. Intellectual Property Rights: Additional provisions protecting company IP, used when sensitive technical information may be shared

2. Non-Solicitation: Prevents candidate from soliciting employees/clients, used for senior roles or when candidate will have access to sensitive relationship information

3. Data Privacy Compliance: Specific obligations regarding personal data handling, used when candidate may access personal data during recruitment

4. Third Party Information: Provisions regarding confidential information belonging to company's clients or partners, used in client-facing roles

5. Social Media and Communications: Guidelines for social media use and external communications, used for marketing or public-facing roles

What schedules should be included in a Candidate Confidentiality Agreement?

1. Schedule 1 - Types of Confidential Information: Lists categories of information considered confidential

2. Schedule 2 - Security Protocols: Details specific security measures required for handling confidential information

3. Schedule 3 - Approved Third Party Recipients: Lists pre-approved third parties who may receive confidential information (e.g., candidate's legal advisors)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Retail

Telecommunications

Research and Development

Defence

Government

Education

Biotechnology

Mining and Resources

Media and Entertainment

Construction

Relevant Teams

Human Resources

Legal

Information Technology

Research & Development

Executive Leadership

Finance

Operations

Sales

Marketing

Product Development

Manufacturing

Quality Assurance

Business Development

Strategy

Customer Service

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Engineer

Product Manager

Research Scientist

Financial Controller

Business Development Manager

Human Resources Director

Operations Manager

Legal Counsel

Marketing Director

Data Scientist

Systems Architect

Senior Consultant

Project Manager

Sales Director

Clinical Research Manager

Investment Analyst

Manufacturing Engineer

Strategic Planning Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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