Virtual NDA Template for New Zealand

A comprehensive non-disclosure agreement designed for electronic execution under New Zealand law, specifically structured to protect confidential information shared through digital means. The agreement incorporates provisions that comply with the Contract and Commercial Law Act 2017 of New Zealand, particularly regarding electronic transactions and signatures. It includes specific provisions for secure electronic transmission, storage, and handling of confidential information, making it particularly suitable for modern business relationships where information sharing occurs primarily through digital channels.

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What is a Virtual NDA?

This Virtual NDA template is designed for businesses and individuals operating under New Zealand law who need to protect confidential information shared primarily through electronic means. It is particularly relevant in today's digital business environment where remote collaboration and virtual dealings are standard practice. The document ensures compliance with New Zealand's Contract and Commercial Law Act 2017 and Privacy Act 2020, while specifically addressing the challenges of protecting electronically transmitted confidential information. The Virtual NDA is suitable for various business relationships including potential partnerships, employee/contractor relationships, investment discussions, and service provider arrangements. It includes provisions for electronic execution, digital information handling, and secure storage protocols, making it ideal for modern business operations where traditional paper-based NDAs may not be practical or efficient.

What sections should be included in a Virtual NDA?

1. Parties: Identifies all parties to the agreement, including full legal names, addresses, and company registration details where applicable

2. Background: Sets out the context and purpose of the NDA, including the nature of the proposed business relationship

3. Definitions and Interpretation: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Electronic Transmission' and other relevant terms

4. Scope of Confidential Information: Clearly defines what constitutes confidential information under the agreement

5. Confidentiality Obligations: Details the core obligations regarding use and protection of confidential information

6. Electronic Storage and Transmission: Specific provisions for secure electronic handling of confidential information

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed

8. Return or Destruction of Information: Requirements for handling confidential information upon termination

9. Term and Termination: Duration of the agreement and termination provisions

10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement

11. Electronic Execution: Provisions for valid electronic execution under NZ law

What sections are optional to include in a Virtual NDA?

1. Security Measures: Detailed technical requirements for information security - include when dealing with highly sensitive data or regulated industries

2. Data Privacy Compliance: Specific obligations regarding personal data - include when confidential information includes personal information

3. Intellectual Property: Additional provisions protecting IP rights - include when confidential information includes IP

4. Cross-Border Transfers: Provisions for international data transfers - include for international agreements

5. Audit Rights: Rights to audit compliance - include for high-risk or regulated relationships

6. Insurance Requirements: Specific insurance obligations - include for high-value or high-risk relationships

What schedules should be included in a Virtual NDA?

1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

2. Schedule 2 - Security Protocols: Detailed technical and operational security requirements for electronic handling

3. Schedule 3 - Permitted Purpose Details: Detailed description of the specific permitted use of confidential information

4. Appendix A - Form of Confidentiality Undertaking: Template undertaking for authorized representatives or third parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

Financial Services

Healthcare

Professional Services

Manufacturing

Research & Development

Biotechnology

Real Estate

Energy

Retail

Education

Media & Entertainment

Telecommunications

Startups

Consulting

Relevant Teams

Legal

Human Resources

Information Technology

Business Development

Research & Development

Executive Leadership

Procurement

Finance

Operations

Information Security

Corporate Strategy

Innovation

Mergers & Acquisitions

Commercial Operations

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Legal Counsel

Business Development Manager

Human Resources Director

Project Manager

Investment Manager

Research Director

Procurement Manager

IT Security Manager

Operations Manager

Innovation Director

Strategy Consultant

Commercial Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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