This Mutual NDA template is designed for use in New Zealand when two parties need to share confidential information while ensuring mutual protection. The document is particularly suitable for business negotiations, potential partnerships, joint ventures, or any situation where sensitive information needs to be exchanged. It complies with New Zealand legislation, including the Contract and Commercial Law Act 2017 and Privacy Act 2020, and provides comprehensive protection for both parties' confidential information. The agreement defines what constitutes confidential information, outlines permitted uses, establishes security requirements, and specifies the duration of confidentiality obligations. It includes provisions for both the protection and eventual return or destruction of confidential information, making it suitable for both short-term negotiations and longer-term business relationships.
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1. Parties: Identification and details of both parties entering into the NDA
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Security Measures: Required measures to protect and secure confidential information
7. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Additional provisions for compliance with privacy laws when personal information is involved
2. Intellectual Property Rights: Clarification that the agreement doesn't transfer any IP rights
3. Non-Solicitation: Prevents parties from soliciting each other's employees or clients
4. Publicity: Restrictions on public announcements about the relationship
5. Export Control: Compliance with export control laws if relevant to the industry
6. Competitive Activities: Clarification about permitted competitive activities despite having access to confidential information
1. Schedule 1 - Description of Confidential Information: Detailed description or categories of information considered confidential
2. Schedule 2 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting confidential information
4. Schedule 4 - Authorized Representatives: List of authorized representatives who may access confidential information
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