This Perpetual NDA template is designed for use in situations where parties need to ensure permanent protection of confidential information under New Zealand law. It is particularly suitable for scenarios involving trade secrets, proprietary technology, or sensitive business information that requires indefinite protection. The document addresses requirements under New Zealand's Contract and Commercial Law Act 2017 and Privacy Act 2020, making it appropriate for both domestic and international business relationships. Common use cases include strategic partnerships, joint ventures, employee relationships, and business sales processes where the disclosed information retains its value indefinitely. The agreement includes comprehensive definitions of confidential information, strict non-disclosure obligations, and detailed provisions for information handling and security.
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1. Parties: Identification of the parties entering into the NDA, including full legal names and addresses
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', 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, 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. Protection and Security: Measures required to protect and secure confidential information
8. Return or Destruction: Requirements for handling confidential information upon request or termination
9. Duration and Survival: Establishes the perpetual nature of the obligations
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section clarifying ownership and rights in intellectual property, used when confidential information includes IP
2. Data Protection: Specific provisions relating to personal data protection, used when personal data is involved
3. Non-Competition: Restrictions on competitive activities, used when there's a business relationship context
4. Non-Solicitation: Restrictions on soliciting employees or customers, used in business relationship contexts
5. Dispute Resolution: Detailed dispute resolution procedures, used for high-value or complex relationships
6. Insurance Requirements: Insurance obligations, used when handling particularly sensitive or valuable information
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
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 to be followed
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives/employees
Relevant legal definitions
Agreement
Confidential Information
Disclosing Party
Receiving Party
Permitted Purpose
Representatives
Affiliate
Business Day
Intellectual Property Rights
Personal Information
Trade Secrets
Confidentiality Undertaking
Permitted Disclosures
Security Requirements
Authorized Recipients
Control
Group
Proprietary Information
Related Company
Working Hours
Confidential Information
Disclosing Party
Receiving Party
Permitted Purpose
Representatives
Affiliate
Business Day
Intellectual Property Rights
Personal Information
Trade Secrets
Confidentiality Undertaking
Permitted Disclosures
Security Requirements
Authorized Recipients
Control
Group
Proprietary Information
Related Company
Working Hours
Clauses
Confidentiality
Non-Disclosure
Permitted Use
Information Security
Return of Information
Data Protection
Intellectual Property
Survival of Obligations
Breach and Remedies
Indemnification
Assignment
Severability
Governing Law
Jurisdiction
Third Party Rights
Entire Agreement
Variation
Force Majeure
Notices
Counterparts
Non-Disclosure
Permitted Use
Information Security
Return of Information
Data Protection
Intellectual Property
Survival of Obligations
Breach and Remedies
Indemnification
Assignment
Severability
Governing Law
Jurisdiction
Third Party Rights
Entire Agreement
Variation
Force Majeure
Notices
Counterparts
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Biotechnology
Energy
Telecommunications
Real Estate
Education
Retail
Media & Entertainment
Relevant Teams
Legal
Human Resources
Executive Leadership
Research & Development
Business Development
Operations
Finance
Information Technology
Procurement
Strategic Planning
Mergers & Acquisitions
Product Development
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Legal Counsel
Human Resources Director
Business Development Manager
Research Director
Project Manager
Investment Manager
Operations Director
Product Manager
Chief Financial Officer
Procurement Manager
Strategic Partnership Manager
Merger & Acquisition Specialist
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