Non Disclosure Agreement Between Employer And Employee for New Zealand

Non Disclosure Agreement Between Employer And Employee Template for New Zealand

A comprehensive confidentiality agreement designed for the New Zealand employment context, establishing mutual understanding and legal obligations regarding the protection of sensitive business information. This document aligns with New Zealand employment law, including the Employment Relations Act 2000 and Privacy Act 2020, while providing robust protection for company confidential information, trade secrets, and intellectual property. It establishes clear guidelines for handling sensitive information during and after employment, including specific provisions for data protection, permitted disclosures, and post-employment obligations.

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What is a Non Disclosure Agreement Between Employer And Employee?

The Non-Disclosure Agreement Between Employer And Employee is a crucial legal document used in New Zealand business environments where employees have access to confidential or commercially sensitive information. This agreement is particularly relevant when onboarding new employees or when existing employees are granted access to sensitive business information, trade secrets, or intellectual property. The document complies with New Zealand legislation, including the Employment Relations Act 2000, Privacy Act 2020, and relevant common law principles. It serves to protect the employer's legitimate business interests while ensuring fair and reasonable terms for the employee, including clear definitions of confidential information, specific obligations, and permitted uses. The agreement is designed to be enforceable under New Zealand law while maintaining reasonable restrictions that do not unduly burden the employee's future employment prospects.

What sections should be included in a Non Disclosure Agreement Between Employer And Employee?

1. Parties: Identifies the employer and employee, including their legal names and addresses

2. Background: Explains the context of the agreement, including the employment relationship and need for confidentiality

3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the specific employment context

5. Employee Obligations: Details the specific duties and responsibilities of the employee regarding confidential information

6. Permitted Disclosures: Outlines circumstances under which confidential information may be disclosed, including legal requirements and protected disclosures

7. Security Measures: Specifies the practical steps the employee must take to protect confidential information

8. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination

9. Duration of Obligations: Specifies how long the confidentiality obligations remain in force after employment ends

10. Breach and Remedies: Outlines the consequences of breaching the agreement and available remedies

11. General Provisions: Standard contract clauses including governing law, entire agreement, and severability

What sections are optional to include in a Non Disclosure Agreement Between Employer And Employee?

1. Non-Competition: Includes non-compete provisions if relevant to protecting confidential information. Only use if reasonable and necessary for business protection

2. Third Party Information: Additional provisions regarding confidential information belonging to clients, customers, or business partners

3. Intellectual Property Rights: Detailed provisions about IP ownership and protection, particularly relevant for technical or creative roles

4. Digital Security: Specific provisions regarding digital security measures, particularly relevant for employees with access to digital assets

5. International Transfers: Provisions regarding international transfer of confidential information, relevant for multinational companies

6. Survival Clause: Specific provisions about which obligations survive termination of employment, used in high-sensitivity situations

What schedules should be included in a Non Disclosure Agreement Between Employer And Employee?

1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement

2. Schedule 2 - Security Protocols: Detailed procedures and protocols for handling confidential information

3. Schedule 3 - Approved Third Party Recipients: List of approved third parties who may receive confidential information if relevant

4. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of confidential information

5. Appendix B - Return of Information Checklist: Checklist for returning or destroying confidential information upon employment termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Research and Development

Biotechnology

Retail

Telecommunications

Media and Entertainment

Legal Services

Education

Energy

Construction

Government and Public Sector

Relevant Teams

Human Resources

Legal

Research and Development

Information Technology

Executive Leadership

Finance

Marketing

Sales

Operations

Product Development

Engineering

Customer Service

Business Development

Quality Assurance

Administration

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Software Developer

Research Scientist

Financial Analyst

Human Resources Manager

Product Manager

Business Development Executive

Legal Counsel

Marketing Director

Data Analyst

Project Manager

Systems Administrator

Sales Executive

Operations Manager

Content Creator

Design Engineer

Quality Assurance Specialist

Executive Assistant

Department Head

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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