The Proprietary Information Agreement serves as a critical legal instrument for protecting confidential and proprietary information in business relationships under New Zealand law. It is commonly used before entering into business discussions, during due diligence processes, or when engaging with contractors, suppliers, or potential partners. The agreement ensures that sensitive information, including trade secrets, technical data, business strategies, and intellectual property, remains protected. It is designed to comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and relevant common law principles regarding confidentiality. This document is essential for establishing trust and enabling secure information sharing while maintaining legal recourse in case of unauthorized disclosure.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Authorized Purpose', and 'Representatives'
4. Scope of Confidential Information: Clearly identifies what information is covered by the agreement and any exclusions
5. Confidentiality Obligations: Details the core obligations to maintain confidentiality and permitted uses of the information
6. Security Measures: Specifies the required security measures for protecting confidential information
7. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
9. Breach and Remedies: Outlines the consequences of breach and available remedies
10. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Additional provisions when confidential information includes personal data subject to privacy laws
2. International Transfer Restrictions: Required when confidential information may be transferred across borders
3. Competitive Activity Restrictions: Optional non-compete or non-solicitation provisions if relevant to the business relationship
4. Intellectual Property Rights: Additional provisions when confidential information includes IP-protected material
5. Subcontractors and Third Parties: Required when either party needs to share information with third parties
6. Force Majeure: Optional clause for handling unforeseen circumstances affecting confidentiality obligations
7. Insurance Requirements: Optional section requiring specific insurance coverage for confidential information
8. Audit Rights: Optional provisions allowing audits of confidentiality compliance
1. Schedule 1 - Description of Confidential Information: Detailed description 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 required for different types of information
4. Schedule 4 - Approved Subcontractors: If applicable, list of pre-approved third parties who may receive the information
5. Appendix A - Information Handling Procedures: Detailed procedures for handling, storing, and destroying confidential information
Relevant legal definitions
Confidential Information
Authorized Purpose
Authorized Representatives
Agreement
Business Day
Disclosing Party
Receiving Party
Effective Date
Permitted Disclosure
Representatives
Affiliate
Personal Information
Proprietary Information
Trade Secrets
Security Breach
Intellectual Property Rights
Confidentiality Period
Related Company
Third Party
Written Notice
Working Hours
Material Breach
Excluded Information
Residual Information
Designated Contact Person
Authorized Purpose
Authorized Representatives
Agreement
Business Day
Disclosing Party
Receiving Party
Effective Date
Permitted Disclosure
Representatives
Affiliate
Personal Information
Proprietary Information
Trade Secrets
Security Breach
Intellectual Property Rights
Confidentiality Period
Related Company
Third Party
Written Notice
Working Hours
Material Breach
Excluded Information
Residual Information
Designated Contact Person
Clauses
Confidentiality
Non-Disclosure
Information Security
Permitted Use
Return of Information
Term and Termination
Remedies
Governing Law
Jurisdiction
Entire Agreement
Severability
Assignment
Third Party Rights
Force Majeure
Notice
Variation
Waiver
Costs
Dispute Resolution
Data Protection
Intellectual Property
Survival
Representatives and Warranties
Indemnification
Amendment
Non-Disclosure
Information Security
Permitted Use
Return of Information
Term and Termination
Remedies
Governing Law
Jurisdiction
Entire Agreement
Severability
Assignment
Third Party Rights
Force Majeure
Notice
Variation
Waiver
Costs
Dispute Resolution
Data Protection
Intellectual Property
Survival
Representatives and Warranties
Indemnification
Amendment
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Biotechnology
Energy
Telecommunications
Real Estate
Consumer Goods
Education
Media & Entertainment
Mining & Resources
Agriculture
Relevant Teams
Legal
Human Resources
Research and Development
Executive Leadership
Business Development
Procurement
Information Technology
Finance
Operations
Compliance
Innovation
Corporate Development
Mergers and Acquisitions
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Legal Counsel
Business Development Manager
Research Director
Human Resources Manager
Project Manager
Investment Analyst
Product Manager
Procurement Manager
Innovation Director
Compliance Officer
Contract Manager
Chief Financial Officer
Operations Manager
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Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
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