These Confidentiality Agreement Terms are essential for businesses and individuals operating under New Zealand law who need to protect sensitive information during business dealings, negotiations, or employment relationships. The document is designed to create legally binding confidentiality obligations while complying with New Zealand's legal framework, including the Contract and Commercial Law Act 2017 and Privacy Act 2020. It's particularly valuable when sharing trade secrets, business strategies, technical information, or other proprietary data with potential business partners, employees, or service providers. The agreement includes comprehensive provisions for defining confidential information, establishing security measures, and outlining consequences of breach, making it suitable for various commercial and professional contexts.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Breach'
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, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights when confidential information includes intellectual property
2. Data Protection Compliance: Specific provisions relating to compliance with privacy laws when personal information is involved
3. Non-Competition: Restrictions on competitive activities, used when confidential information could provide competitive advantage
4. Non-Solicitation: Restrictions on soliciting employees or customers, relevant in business relationship contexts
5. Publicity and Announcements: Controls on public statements about the relationship, important for commercial relationships
6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value or high-risk information
7. Audit Rights: Rights to audit compliance with the agreement, important for highly sensitive information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential 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 protecting the confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties who need access to the information
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Authorized Recipients
Business Day
Effective Date
Term
Confidentiality Period
Intellectual Property Rights
Personal Information
Trade Secrets
Proprietary Information
Affiliate
Agreement
Breach
Confidential Materials
Disclosing Group
Force Majeure Event
Notice
Permitted Disclosure
Related Company
Security Measures
Unauthorised Disclosure
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Authorized Recipients
Business Day
Effective Date
Term
Confidentiality Period
Intellectual Property Rights
Personal Information
Trade Secrets
Proprietary Information
Affiliate
Agreement
Breach
Confidential Materials
Disclosing Group
Force Majeure Event
Notice
Permitted Disclosure
Related Company
Security Measures
Unauthorised Disclosure
Clauses
Confidentiality Obligations
Non-Disclosure
Permitted Use
Security Measures
Return of Information
Data Protection
Intellectual Property
Term and Termination
Breach and Remedies
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Variation
Survival
Third Party Rights
Non-Disclosure
Permitted Use
Security Measures
Return of Information
Data Protection
Intellectual Property
Term and Termination
Breach and Remedies
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Variation
Survival
Third Party Rights
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research and Development
Education
Retail
Real Estate
Construction
Media and Entertainment
Biotechnology
Energy
Telecommunications
Legal Services
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research and Development
Information Technology
Finance
Operations
Procurement
Corporate Development
Risk Management
Information Security
Innovation
Administrative
Relevant Roles
Chief Executive Officer
Legal Counsel
Human Resources Manager
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Chief Financial Officer
Operations Manager
Procurement Manager
Investment Manager
Contract Administrator
Information Security Officer
Innovation Manager
Partnership Manager
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