The Graphic Design Non Disclosure Agreement is essential for businesses and individuals sharing sensitive information with graphic designers or design agencies in New Zealand. It becomes necessary when engaging design services that require access to confidential business information, brand strategies, unreleased products, or marketing plans. This document ensures that all confidential information shared during the design process remains protected under New Zealand law, including the Privacy Act 2020 and relevant intellectual property legislation. It is particularly important in situations where designers may have access to competitive information, customer data, or proprietary design elements, and need to understand their obligations regarding information security, usage rights, and confidentiality duration.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Explains the context of the agreement and the relationship between the parties
3. Definitions and Interpretation: Defines key terms used in the agreement, including 'Confidential Information', 'Design Materials', and 'Intellectual Property Rights'
4. Confidentiality Obligations: Core provisions detailing the obligations to keep information confidential and the permitted uses of confidential information
5. Protection of Confidential Information: Specific measures required to protect confidential information, including security protocols and storage requirements
6. Intellectual Property: Clarifies ownership of intellectual property and rights related to the graphic design works discussed under the agreement
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon request or termination
8. Duration and Termination: Specifies how long the confidentiality obligations last and circumstances for termination
9. Breach and Remedies: Outlines consequences of breaching the agreement and available remedies
10. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Include when the recipient may need to share confidential information with employees, contractors, or professional advisors
2. International Transfer of Data: Include when parties are operating across multiple jurisdictions or data may be transferred internationally
3. Social Media and Online Presence: Include when the graphic designer may have access to social media accounts or online platforms
4. Portfolio Usage Rights: Include when discussing whether and how the designer can use the work in their portfolio
5. Competing Projects: Include when the designer works with multiple clients in the same industry
6. Insurance Requirements: Include when requiring specific insurance coverage for data protection
7. Audit Rights: Include when the disclosing party needs the right to audit compliance with security measures
1. Schedule 1 - Specified Confidential Information: Detailed list of specific materials, designs, or information considered confidential
2. Schedule 2 - Security Protocols: Specific security measures and protocols required for handling confidential information
3. Schedule 3 - Approved Third Party Recipients: List of pre-approved third parties who may receive confidential information
4. Appendix A - Data Handling Procedures: Detailed procedures for handling, storing, and transmitting confidential data
5. Appendix B - Notification Requirements: Procedures and timeframes for notifications in case of potential or actual breach
Relevant legal definitions
Agreement
Confidential Information
Design Materials
Design Services
Disclosing Party
Intellectual Property Rights
Permitted Purpose
Project
Recipient
Representatives
Confidential Design Elements
Design Brief
Client Materials
Brand Assets
Digital Assets
Working Files
Final Deliverables
Source Files
Preliminary Designs
Concept Designs
Creative Works
Portfolio Rights
Third Party Materials
Related Companies
Security Requirements
Business Day
Commencement Date
Confidentiality Period
Dispute
Force Majeure Event
Moral Rights
Personal Information
Project Timeline
Social Media Content
Termination Date
Trade Secrets
Unauthorised Disclosure
Client Confidential Information
Design Specifications
Marketing Materials
Confidential Information
Design Materials
Design Services
Disclosing Party
Intellectual Property Rights
Permitted Purpose
Project
Recipient
Representatives
Confidential Design Elements
Design Brief
Client Materials
Brand Assets
Digital Assets
Working Files
Final Deliverables
Source Files
Preliminary Designs
Concept Designs
Creative Works
Portfolio Rights
Third Party Materials
Related Companies
Security Requirements
Business Day
Commencement Date
Confidentiality Period
Dispute
Force Majeure Event
Moral Rights
Personal Information
Project Timeline
Social Media Content
Termination Date
Trade Secrets
Unauthorised Disclosure
Client Confidential Information
Design Specifications
Marketing Materials
Clauses
Confidentiality
Intellectual Property
Data Protection
Non-Disclosure
Security Measures
Return of Information
Permitted Use
Third Party Disclosure
Portfolio Rights
Term and Termination
Breach and Remedies
Digital Security
Information Storage
Destruction of Information
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Entire Agreement
Severability
Notices
Variation
Waiver
Costs
Counterparts
Survival
Non-Solicitation
Warranties and Representations
Exclusivity
Intellectual Property
Data Protection
Non-Disclosure
Security Measures
Return of Information
Permitted Use
Third Party Disclosure
Portfolio Rights
Term and Termination
Breach and Remedies
Digital Security
Information Storage
Destruction of Information
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Entire Agreement
Severability
Notices
Variation
Waiver
Costs
Counterparts
Survival
Non-Solicitation
Warranties and Representations
Exclusivity
Relevant Industries
Advertising and Marketing
Technology
Media and Entertainment
Retail
Fashion and Luxury Goods
Financial Services
Professional Services
Healthcare
Education
Real Estate
Hospitality
E-commerce
Non-profit Organizations
Publishing
Gaming Industry
Relevant Teams
Legal
Creative
Marketing
Brand Management
Digital
Communications
Product Development
Operations
Client Services
Business Development
Project Management
Production
Design Operations
Relevant Roles
Graphic Designer
Creative Director
Art Director
Brand Manager
Marketing Manager
Design Coordinator
Project Manager
Business Owner
Marketing Director
Communications Manager
Digital Designer
UI/UX Designer
Production Manager
Brand Strategist
Chief Creative Officer
Design Manager
Freelance Designer
Agency Owner
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