This General Non-Disclosure Agreement is designed for use in New Zealand business contexts where parties need to protect confidential information during business discussions, negotiations, or ongoing business relationships. The document is structured to comply with New Zealand contract law and privacy regulations, providing comprehensive protection for various types of confidential information including trade secrets, proprietary information, customer data, and business strategies. It can be used for both one-way and mutual confidentiality obligations, making it suitable for a wide range of business situations such as potential partnerships, service provider relationships, employment contexts, and business negotiations. The agreement includes specific provisions for handling confidential information, breach remedies, and enforcement mechanisms that are aligned with New Zealand legal requirements and business practices.
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1. Parties: Identifies and provides full legal details of all parties entering into the agreement
2. Background: Explains the context and purpose of the agreement, including the nature of the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', and other critical concepts
4. Confidentiality Obligations: Core section detailing the obligations to maintain confidentiality, including specific prohibited actions
5. Permitted Uses and Disclosures: Specifies how and when the confidential information may be used or disclosed, including to authorized representatives
6. Protection Measures: Outlines the specific measures required to protect confidential information from unauthorized access or disclosure
7. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Breach and Remedies: Consequences of breaching the agreement and available remedies, including injunctive relief
10. General Provisions: Standard contract clauses including governing law, jurisdiction, entire agreement, and amendments
1. Mutual/Unilateral Declaration: Specifies whether the confidentiality obligations are mutual or one-way, used when clarity is needed about the direction of information flow
2. Intellectual Property Rights: Additional section clarifying ownership of IP and relationship to confidentiality obligations, used when IP is a significant concern
3. Exclusions from Confidential Information: Detailed list of exclusions beyond standard ones, used when specific types of information need to be explicitly excluded
4. Security Breach Notification: Procedures for handling and reporting security breaches, used in high-security contexts or when required by industry regulations
5. Competing Activities: Restrictions on competing activities or non-solicitation provisions, used when business competition is a concern
6. Assignment and Successors: Detailed provisions about transferability of the agreement, used in corporate contexts or when changes in control are likely
7. Independent Contractor Relationship: Clarification that the agreement does not create an employment relationship, used when engaging contractors or consultants
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by authorized representatives or subcontractors
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Retail
Education
Research and Development
Construction
Energy
Media and Entertainment
Biotechnology
Real Estate
Telecommunications
Legal Services
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research and Development
Information Technology
Finance
Operations
Procurement
Sales
Product Development
Investment
Strategy
Compliance
Innovation
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Human Resources Director
Project Manager
Research Scientist
IT Director
Finance Manager
Operations Manager
Procurement Manager
Sales Director
Product Manager
Investment Analyst
Strategy Consultant
Department Head
Chief Technology Officer
Innovation Director
Compliance Officer
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