The Technology Non Disclosure Agreement is essential for businesses and organizations operating in New Zealand's growing technology sector. This document should be used when parties need to share sensitive technical information, including but not limited to source code, algorithms, technical specifications, development methodologies, and other proprietary technology assets. It's particularly relevant in situations involving technology development, joint ventures, potential partnerships, or client-vendor relationships where technical information needs to be shared. The agreement ensures compliance with New Zealand's legal framework, including the Contract and Commercial Law Act 2017 and Privacy Act 2020, while providing specific provisions for technical data protection, security measures, and permitted usage parameters. This document is crucial for establishing clear obligations and protections before engaging in technical discussions or collaboration.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Technology', 'Trade Secrets', and other technical terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including specific types of technical data, source code, algorithms, etc.
5. Obligations of Confidentiality: Core confidentiality obligations, including storage, handling, and protection of confidential information
6. Permitted Use and Disclosure: Specific permitted uses of the confidential information and circumstances under which disclosure is allowed
7. Security Measures: Required technical and organizational security measures for protecting confidential information
8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, used when the shared information includes patentable innovations or copyrightable material
2. Data Privacy Compliance: Specific provisions for compliance with privacy laws, used when confidential information includes personal data
3. Third Party Disclosure: Provisions for sharing with authorized third parties like contractors or advisors, used when third-party access is anticipated
4. International Transfer of Data: Provisions for cross-border data transfers, used when parties are in different jurisdictions
5. Source Code Protection: Special provisions for protecting source code, used when software code is part of the confidential information
6. Reverse Engineering Prohibition: Specific prohibitions on reverse engineering, used when protecting technical products or systems
7. Residual Knowledge: Provisions addressing use of residual knowledge, used when receiving party needs to protect their employees' general skill development
8. Competition Restrictions: Non-compete or market restriction clauses, used when confidential information could provide competitive advantage
1. Schedule 1 - Description of Confidential Information: Detailed list 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 technical and organizational security measures required
4. Schedule 4 - Approved Third Party Recipients: List of approved third parties who may receive the confidential information
5. Schedule 5 - Information Handling Procedures: Detailed procedures for handling, storing, and destroying confidential information
Relevant legal definitions
Agreement
Authorized Purpose
Authorized Representatives
Confidential Information
Data
Disclosing Party
Effective Date
Intellectual Property Rights
Permitted Recipients
Receiving Party
Representatives
Security Requirements
Source Code
Technical Documentation
Technical Specifications
Technology
Trade Secrets
Proprietary Information
Derivative Works
APIs
Algorithms
Database Schema
Development Tools
Hardware Specifications
Information Systems
Network Architecture
Personal Information
Protection Measures
Related Parties
Software
System Configuration
Technical Data
Technical Know-How
Test Results
Third Party Recipients
User Interface Design
Authorized Purpose
Authorized Representatives
Confidential Information
Data
Disclosing Party
Effective Date
Intellectual Property Rights
Permitted Recipients
Receiving Party
Representatives
Security Requirements
Source Code
Technical Documentation
Technical Specifications
Technology
Trade Secrets
Proprietary Information
Derivative Works
APIs
Algorithms
Database Schema
Development Tools
Hardware Specifications
Information Systems
Network Architecture
Personal Information
Protection Measures
Related Parties
Software
System Configuration
Technical Data
Technical Know-How
Test Results
Third Party Recipients
User Interface Design
Clauses
Confidentiality
Non-Disclosure
Data Protection
Intellectual Property
Information Security
Access Rights
Return of Information
Permitted Use
Term and Duration
Breach and Remedies
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Third Party Rights
Notice
Severability
Entire Agreement
Variation
Waiver
Counterparts
Survival
Non-Solicitation
Residual Rights
Competition
Technical Safeguards
Destruction of Information
Audit Rights
Representatives and Personnel
Non-Disclosure
Data Protection
Intellectual Property
Information Security
Access Rights
Return of Information
Permitted Use
Term and Duration
Breach and Remedies
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Third Party Rights
Notice
Severability
Entire Agreement
Variation
Waiver
Counterparts
Survival
Non-Solicitation
Residual Rights
Competition
Technical Safeguards
Destruction of Information
Audit Rights
Representatives and Personnel
Relevant Industries
Information Technology
Software Development
Biotechnology
Financial Technology
Artificial Intelligence
Cybersecurity
Cloud Computing
Telecommunications
Research & Development
Digital Healthcare
E-commerce
Manufacturing Technology
Clean Technology
Internet of Things
Data Analytics
Relevant Teams
Legal
Information Technology
Research & Development
Software Development
Information Security
Product Development
Innovation
Technical Operations
Procurement
Business Development
Executive Leadership
Data Protection
Solutions Architecture
Enterprise Architecture
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Development Manager
IT Director
Chief Information Security Officer
Technology Consultant
Product Manager
Research & Development Director
Innovation Manager
Systems Architect
Technical Project Manager
Intellectual Property Lawyer
Business Development Manager
Chief Executive Officer
Chief Innovation Officer
Data Protection Officer
Technology Procurement Manager
Solutions Architect
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