This Corporate NDA template is designed for use in New Zealand business environments where companies need to protect confidential information during commercial negotiations, partnerships, or other business relationships. It is specifically structured to comply with New Zealand's Contract and Commercial Law Act 2017, Privacy Act 2020, and related legislation. The document covers various types of confidential information including trade secrets, intellectual property, customer data, financial information, and business strategies. This Corporate NDA is particularly suitable for situations involving significant commercial relationships, complex transactions, or sensitive business information, and includes provisions for both physical and digital information security measures. It can be customized for specific industry requirements while maintaining its enforceability under New Zealand law.
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1. Parties: Identification of the parties entering into the NDA, including their full legal names, company numbers, and registered addresses
2. Background: Context of the agreement, including the purpose for sharing confidential information and the nature of the proposed business relationship
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other critical terms
4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and as required by law
6. Information Security: Specific requirements for protecting and securing confidential information
7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination
8. Term and Survival: Duration of the agreement and which provisions survive termination
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights - include when confidential information includes IP assets
2. Privacy Compliance: Specific provisions regarding compliance with Privacy Act 2020 - include when personal information is involved
3. Data Protection: Detailed data security requirements - include for digital information sharing
4. Export Control: Provisions regarding international transfer of information - include for cross-border arrangements
5. Competing Activities: Non-competition provisions - include when sharing commercially sensitive information
6. Publicity: Restrictions on public announcements - include for high-profile relationships
7. Representatives' Obligations: Detailed provisions regarding employee/contractor compliance - include when wide internal sharing is expected
1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for representatives to sign
5. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Financial Services
Healthcare
Biotechnology
Energy
Real Estate
Construction
Retail
Telecommunications
Education
Research & Development
Mining & Resources
Agriculture
Media & Entertainment
Relevant Teams
Legal
Executive
Business Development
Research & Development
Information Technology
Human Resources
Finance
Operations
Procurement
Risk & Compliance
Corporate Communications
Information Security
Strategic Planning
Product Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Chief Financial Officer
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Innovation Manager
Commercial Manager
Procurement Manager
Human Resources Director
Information Security Officer
Operations Manager
Corporate Secretary
Risk Manager
Compliance Officer
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