The Confidentiality Agreement Between Employer And Employee is a critical document used to protect sensitive business information in New Zealand employment relationships. It should be implemented at the start of employment or when an employee's role requires access to confidential information. The agreement covers various types of proprietary information including trade secrets, customer data, business strategies, and intellectual property. It ensures compliance with New Zealand legislation, particularly the Employment Relations Act 2000, Privacy Act 2020, and Contract and Commercial Law Act 2017. This agreement is essential for businesses of all sizes and industries where employees have access to sensitive information that, if disclosed, could harm the company's competitive position or breach privacy obligations. The document typically includes detailed definitions of confidential information, specific handling requirements, and clear consequences for breaches.
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1. Parties: Identifies the employer and employee with their full legal names and addresses
2. Background: Sets out the context of the agreement, including the employee's role and the reason for requiring confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Intellectual Property', 'Trade Secrets' and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations including non-disclosure, safe storage, and permitted uses of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
7. Security Measures: Specific measures required to protect confidential information
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination or request
9. Duration of Obligations: Period for which confidentiality obligations remain in force
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP ownership and protection, used when the role involves creation of IP
2. Non-Competition: Restrictions on competing activities, used for senior roles or when employee has access to highly sensitive information
3. Non-Solicitation: Restrictions on soliciting customers or employees, used for customer-facing roles or management positions
4. Social Media and Public Communications: Specific provisions regarding social media use and public communications, used for roles with public visibility
5. Data Protection Obligations: Specific obligations regarding personal data handling, used when role involves processing personal information
6. International Transfer of Information: Provisions for international data transfers, used when employee works across jurisdictions
7. Post-Employment Obligations: Specific obligations continuing after employment ends, used for senior roles or highly sensitive positions
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Security Protocols: Detailed security procedures and requirements for handling confidential information
3. Schedule 3 - Authorized Recipients: List of persons or roles authorized to receive certain confidential information
4. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of confidential information
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