A Confidentiality Agreement For Contractors is essential when engaging external parties who will have access to sensitive business information. This document is specifically tailored for use in New Zealand and complies with local legislation including the Privacy Act 2020 and Contract and Commercial Law Act 2017. It should be used before sharing any confidential information with contractors, establishing clear obligations for information protection, permitted uses, and consequences of breach. The agreement covers various types of confidential information including trade secrets, intellectual property, customer data, and business strategies, while providing flexibility to adapt to specific business needs and circumstances. It's particularly important in today's digital environment where information can be easily copied and transmitted.
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1. Parties: Identifies and provides full details of the parties to the agreement - the business owner and the contractor
2. Background: Sets out the context of the agreement, including the nature of the contractor relationship and the need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Intellectual Property', 'Trade Secrets', and other relevant terms
4. Scope of Confidential Information: Clearly defines what information is considered confidential under the agreement
5. Confidentiality Obligations: Details the core obligations of the contractor regarding confidential information
6. Permitted Uses and Disclosures: Specifies how and when confidential information may be used or disclosed
7. Information Security Measures: Outlines the required security measures for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information upon termination
9. Duration of Obligations: Specifies how long the confidentiality obligations remain in effect
10. Breach and Remedies: Outlines the consequences of breaching the agreement and available remedies
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, particularly relevant when contractor may create IP
2. Non-Competition: Restrictions on competing activities, if appropriate and reasonable
3. Non-Solicitation: Prevents contractor from soliciting employees or clients, if relevant to the business relationship
4. Data Protection Compliance: Specific obligations regarding personal data handling under Privacy Act 2020, if personal data is involved
5. Subcontractor Provisions: Required if contractor may engage subcontractors who need access to confidential information
6. Insurance Requirements: Specific insurance obligations related to data protection and confidentiality breaches
7. Audit Rights: Right to audit contractor's compliance with confidentiality obligations, useful for high-risk relationships
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Approved Recipients: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
5. Schedule 5 - Specific Project Details: Details of specific projects or services where confidential information will be accessed
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