This Reciprocal Confidentiality Agreement is designed for situations where two parties need to share sensitive information while ensuring mutual protection under New Zealand law. It is commonly used in business negotiations, due diligence processes, joint ventures, or collaborative projects where both parties need to disclose confidential information to each other. The agreement covers various types of confidential information including but not limited to trade secrets, proprietary technology, business plans, customer data, and financial information. It incorporates requirements from key New Zealand legislation including the Privacy Act 2020 and Contract and Commercial Law Act 2017, while providing flexible terms that can be customized to specific business needs. This agreement is particularly crucial in early-stage business discussions where detailed information needs to be shared before forming more specific commercial arrangements.
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1. Parties: Identifies and details the parties entering into the agreement, including their legal names, addresses, and company registration numbers if applicable
2. Background: Sets out the context of the agreement, including the purpose of sharing confidential information and the mutual nature of the disclosure
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Confidential Period'
4. Disclosure and Use of Confidential Information: Details the conditions under which confidential information may be disclosed and used, including the Permitted Purpose
5. Obligations of Confidentiality: Specifies the core obligations to maintain confidentiality and the standard of care required
6. Security Measures: Outlines the required security measures for protecting confidential information
7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
8. Term and Termination: Specifies the duration of the agreement and termination provisions
9. Exceptions to Confidentiality: Lists circumstances where confidentiality obligations do not apply
10. Breach and Remedies: Outlines consequences of breach and available remedies
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement clauses
1. Intellectual Property Rights: Additional section when confidential information includes IP that needs specific protection provisions
2. Data Protection Compliance: Required when personal data is included in the confidential information
3. Export Control: Needed when confidential information may be subject to export control regulations
4. Publicity and Announcements: Optional provisions regarding public statements about the relationship
5. Competitive Activities: Optional restrictions on competitive activities during the confidentiality period
6. Insurance Requirements: Optional section requiring specific insurance coverage for handling confidential information
7. Audit Rights: Optional provisions allowing parties to audit compliance with the agreement
1. Schedule 1 - Description of Confidential Information: Detailed description or categories of confidential information covered by the agreement
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 handling the confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings to be signed by representatives
5. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Confidential Period
Affiliate
Business Day
Effective Date
Group
Intellectual Property Rights
Notice
Personal Information
Related Company
Security Breach
Trade Secret
Unauthorized Access
Authorized Recipients
Confidential Materials
Disclosing Group
Excluded Information
Permitted Disclosure
Project
Required Disclosure
Security Requirements
Third Party
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Confidential Period
Affiliate
Business Day
Effective Date
Group
Intellectual Property Rights
Notice
Personal Information
Related Company
Security Breach
Trade Secret
Unauthorized Access
Authorized Recipients
Confidential Materials
Disclosing Group
Excluded Information
Permitted Disclosure
Project
Required Disclosure
Security Requirements
Third Party
Clauses
Confidentiality
Non-Disclosure
Information Security
Data Protection
Permitted Use
Return of Information
Destruction of Information
Term and Duration
Breach
Remedies
Indemnification
Intellectual Property
Notice
Representatives
Assignment
Governing Law
Jurisdiction
Entire Agreement
Severability
Force Majeure
Amendment
Third Party Rights
Counterparts
Survival
Export Control
Competition
Non-Solicitation
Publicity
Audit Rights
Dispute Resolution
Non-Disclosure
Information Security
Data Protection
Permitted Use
Return of Information
Destruction of Information
Term and Duration
Breach
Remedies
Indemnification
Intellectual Property
Notice
Representatives
Assignment
Governing Law
Jurisdiction
Entire Agreement
Severability
Force Majeure
Amendment
Third Party Rights
Counterparts
Survival
Export Control
Competition
Non-Solicitation
Publicity
Audit Rights
Dispute Resolution
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Education
Research and Development
Biotechnology
Energy
Telecommunications
Real Estate
Construction
Retail
Software Development
Consulting
Legal Services
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Information Technology
Corporate Strategy
Operations
Finance
Procurement
Innovation
Commercial
Information Security
Risk Management
Compliance
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Corporate Lawyer
Intellectual Property Manager
Chief Financial Officer
Head of Strategy
Commercial Director
Operations Manager
Innovation Manager
Partnership Manager
Procurement Manager
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