The Joint Disclosure Agreement is essential in situations where multiple parties need to share sensitive or confidential information while ensuring legal protection under New Zealand law. This document is particularly crucial for collaborative projects, joint ventures, research partnerships, or business negotiations where parties need to exchange proprietary information, trade secrets, or other confidential data. The agreement ensures compliance with New Zealand's Privacy Act 2020 and related regulations while establishing clear protocols for information sharing, security measures, and consequences of breach. It differs from standard NDAs by accommodating multiple parties and typically including more comprehensive provisions for mutual disclosure.
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1. Parties: Identifies and provides full legal details of all parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement, including the general nature of the proposed information sharing
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation
4. Purpose of Disclosure: Specifies the permitted purposes for which the confidential information may be shared and used
5. Confidential Information: Defines what constitutes confidential information under the agreement
6. Obligations of Confidentiality: Details the core obligations regarding handling and protecting confidential information
7. Permitted Disclosures: Specifies who may receive the confidential information and under what circumstances
8. Security Measures: Outlines required security measures for protecting confidential information
9. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Intellectual Property Rights: Include when shared information may contain patentable inventions or other IP rights
2. Data Privacy Compliance: Include when personal information will be shared under the agreement
3. Export Control: Include when information may be subject to international transfer restrictions
4. Competing Projects: Include when parties may be working on similar projects independently
5. Joint Development: Include when parties may create new intellectual property together during collaboration
6. Insurance Requirements: Include when specific insurance coverage is required for information handling
7. Audit Rights: Include when parties require right to audit compliance with security measures
8. Force Majeure: Include when protection against unforeseen events affecting ability to protect information is needed
1. Schedule 1 - Description of Confidential Information: Detailed listing and description of specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security requirements and procedures for information handling
4. Schedule 4 - Approved Third Party Recipients: Pre-approved third parties who may receive the confidential information
5. Appendix A - Information Handling Procedures: Step-by-step procedures for handling, storing, and transmitting confidential information
6. Appendix B - Incident Response Plan: Procedures to follow in case of unauthorized disclosure or security breach
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