This Company NDA template is designed for use in New Zealand business environments where companies need to share sensitive information while ensuring legal protection. The document complies with New Zealand's Contract and Commercial Law Act 2017, Privacy Act 2020, and relevant commercial legislation. It's particularly useful for business negotiations, joint ventures, potential mergers or acquisitions, supplier relationships, and other commercial arrangements where confidential information needs to be shared. The agreement includes comprehensive provisions for defining confidential information, permitted uses, security requirements, and breach remedies, all tailored to New Zealand's legal framework and business practices.
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1. Parties: Identifies the contracting parties, including the disclosing company, receiving company, and their registered addresses
2. Background: Sets out the context of the agreement and the purpose for sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Uses and Disclosures: Specifies how the receiving party may use the confidential information and to whom it may be disclosed
6. Security Measures: Required procedures and safeguards for protecting confidential information
7. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances for 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. Intellectual Property Rights: Additional provisions protecting IP rights when the confidential information includes IP - recommended when sharing technical information or trade secrets
2. Data Protection and Privacy: Specific obligations regarding personal data handling - required when confidential information includes personal data
3. Export Control: Provisions regarding international transfer of information - needed for cross-border arrangements
4. Competing Products: Restrictions on developing competing products using confidential information - relevant for technical or commercial information sharing
5. Residual Knowledge: Provisions regarding use of retained knowledge - relevant for professional services or consulting relationships
6. Force Majeure: Provisions for unforeseen circumstances - optional but recommended for long-term NDAs
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 or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures to be followed
4. Appendix A - Form of Confidentiality Undertaking: Template undertaking for representatives who will have access to confidential information
Relevant legal definitions
Confidential Information
Business Purpose
Permitted Purpose
Disclosing Party
Receiving Party
Representatives
Affiliates
Group Companies
Authorised Recipients
Confidential Materials
Trade Secrets
Intellectual Property Rights
Personal Information
Proprietary Information
Security Requirements
Breach
Business Day
Commencement Date
Confidentiality Period
Disclosing Company
Receiving Company
Related Companies
Subsidiary
Technical Information
Working Hours
Excluded Information
Permitted Disclosures
Residual Information
Third Party Information
Unauthorised Disclosure
Business Purpose
Permitted Purpose
Disclosing Party
Receiving Party
Representatives
Affiliates
Group Companies
Authorised Recipients
Confidential Materials
Trade Secrets
Intellectual Property Rights
Personal Information
Proprietary Information
Security Requirements
Breach
Business Day
Commencement Date
Confidentiality Period
Disclosing Company
Receiving Company
Related Companies
Subsidiary
Technical Information
Working Hours
Excluded Information
Permitted Disclosures
Residual Information
Third Party Information
Unauthorised Disclosure
Clauses
Confidentiality
Information Protection
Permitted Use
Permitted Disclosure
Return of Information
Security Measures
Data Protection
Privacy
Intellectual Property
Term and Duration
Termination
Breach
Remedies
Injunctive Relief
Warranties
Representations
Indemnification
Notice
Assignment
Severability
Entire Agreement
Variation
Waiver
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Survival
Third Party Rights
Counterparts
Information Protection
Permitted Use
Permitted Disclosure
Return of Information
Security Measures
Data Protection
Privacy
Intellectual Property
Term and Duration
Termination
Breach
Remedies
Injunctive Relief
Warranties
Representations
Indemnification
Notice
Assignment
Severability
Entire Agreement
Variation
Waiver
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Survival
Third Party Rights
Counterparts
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Research and Development
Biotechnology
Retail
Energy
Telecommunications
Construction
Real Estate
Education
Media and Entertainment
Consulting
Relevant Teams
Legal
Executive Leadership
Business Development
Research and Development
Information Technology
Human Resources
Finance
Operations
Procurement
Risk and Compliance
Corporate Affairs
Strategy
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Chief Financial Officer
Operations Manager
Procurement Manager
Human Resources Director
Commercial Manager
Managing Director
Company Secretary
Risk Manager
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