This Business Non Disclosure Agreement is essential for companies operating in New Zealand who need to protect confidential information during business negotiations, partnerships, or commercial relationships. It is particularly relevant when sharing sensitive business information such as trade secrets, intellectual property, customer data, financial information, or business strategies. The agreement complies with New Zealand legal requirements, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and relevant commercial legislation. It provides comprehensive protection while remaining flexible enough to accommodate various business relationships and types of confidential information. This document is commonly used in situations such as business negotiations, due diligence processes, joint ventures, service provider relationships, and potential business partnerships.
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1. Parties: Identifies and provides full legal details of all parties entering into the NDA
2. Background: Explains the context and purpose of the agreement, including the business relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Clearly outlines what information is considered confidential under the agreement
5. Confidentiality Obligations: Details the core obligations regarding handling and protecting confidential information
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and to whom
7. Security Measures: Outlines required security measures for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Specific provisions regarding IP ownership and rights when IP forms part of the confidential information
2. Data Protection Compliance: Additional provisions for compliance with privacy laws when personal data is involved
3. Non-Competition: Restrictions on competitive activities, used when there's a risk of competitive advantage from confidential information
4. Non-Solicitation: Prevents poaching of employees or clients, used when parties have access to sensitive relationship information
5. Publicity and Announcements: Controls over public statements about the business relationship, used for sensitive commercial relationships
6. Insurance Requirements: Specific insurance obligations, used for high-value or high-risk information sharing
7. Audit Rights: Rights to audit compliance with the NDA, used for highly sensitive information or regulated industries
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific business purpose for which confidential information may be used
5. Appendix A - Information Handling Procedures: Step-by-step procedures for handling, storing, and destroying confidential information
6. Appendix B - Breach Notification Procedures: Detailed procedures for reporting and handling potential breaches
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