The Subcontractor Confidentiality Agreement is essential in modern business relationships where contractors need to share sensitive information with subcontractors while maintaining control and protection of that information. This document, designed for use in New Zealand, addresses the growing need to protect proprietary information, trade secrets, client data, and other confidential materials in complex business relationships. It complies with New Zealand's legal framework, including the Privacy Act 2020 and Contract and Commercial Law Act 2017, while providing practical mechanisms for information sharing and protection. The agreement is particularly relevant in situations where subcontractors require access to sensitive data, systems, or intellectual property to perform their contracted services, and it establishes clear obligations, responsibilities, and consequences for breach.
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1. Parties: Identifies and provides full details of all parties to the agreement, including the main contractor and subcontractor
2. Background: Explains the context of the agreement, including the main contract relationship and need for confidentiality
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Details what information is considered confidential under the agreement
5. Confidentiality Obligations: Sets out 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. Permitted Disclosures: Outlines circumstances under which confidential information may be disclosed
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Survival: Duration of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard contract clauses including governing law, notices, and entire agreement
1. Intellectual Property Rights: Additional provisions specifically addressing IP rights when confidential information includes intellectual property
2. Data Protection Compliance: Specific provisions for compliance with privacy laws when personal information is involved
3. Subcontractor's Representatives: Provisions governing the subcontractor's employees and agents who will have access to confidential information
4. Insurance Requirements: Specific insurance requirements for cyber security or professional indemnity when handling sensitive information
5. Audit Rights: Provisions allowing the main contractor to audit the subcontractor's compliance with confidentiality obligations
6. Competition Restrictions: Non-compete provisions if the confidential information could provide competitive advantage
7. International Transfer of Data: Additional provisions for when confidential information may be transferred across borders
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information deemed confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security procedures and requirements for handling confidential information
4. Schedule 4 - Notification Requirements: Specific procedures for reporting potential or actual breaches of confidentiality
5. Appendix A - Form of Confidentiality Undertaking: Template undertaking to be signed by representatives who will have access to confidential information
Relevant legal definitions
Agreement
Authorized Purpose
Authorized Representative
Business Day
Confidential Information
Disclosing Party
Effective Date
Excluded Information
Force Majeure Event
Intellectual Property Rights
Main Contract
Main Contractor
Notice
Permitted Disclosure
Personal Information
Project
Receiving Party
Representatives
Security Breach
Security Requirements
Services
Subcontractor
Term
Third Party
Trade Secrets
Unauthorized Access
Working Hours
Authorized Purpose
Authorized Representative
Business Day
Confidential Information
Disclosing Party
Effective Date
Excluded Information
Force Majeure Event
Intellectual Property Rights
Main Contract
Main Contractor
Notice
Permitted Disclosure
Personal Information
Project
Receiving Party
Representatives
Security Breach
Security Requirements
Services
Subcontractor
Term
Third Party
Trade Secrets
Unauthorized Access
Working Hours
Clauses
Confidentiality
Data Protection
Information Security
Access Rights
Non-Disclosure
Intellectual Property
Term and Termination
Breach and Remedies
Return of Information
Permitted Use
Audit Rights
Dispute Resolution
Force Majeure
Assignment
Governing Law
Indemnification
Notice
Severability
Survival
Third Party Rights
Variation
Entire Agreement
Counterparts
Data Protection
Information Security
Access Rights
Non-Disclosure
Intellectual Property
Term and Termination
Breach and Remedies
Return of Information
Permitted Use
Audit Rights
Dispute Resolution
Force Majeure
Assignment
Governing Law
Indemnification
Notice
Severability
Survival
Third Party Rights
Variation
Entire Agreement
Counterparts
Relevant Industries
Information Technology
Construction
Professional Services
Manufacturing
Healthcare
Financial Services
Engineering
Research and Development
Defense
Telecommunications
Energy
Mining
Education
Biotechnology
Consulting
Relevant Teams
Legal
Procurement
Information Security
Risk and Compliance
Operations
Human Resources
Information Technology
Supply Chain
Project Management
Business Development
Executive Leadership
Contract Administration
Relevant Roles
Project Manager
Legal Counsel
Procurement Manager
Contract Administrator
Chief Information Officer
Information Security Officer
Risk Manager
Compliance Officer
Operations Manager
Business Development Manager
Human Resources Director
Chief Technology Officer
Supply Chain Manager
Program Director
Chief Executive Officer
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