This Privacy And Confidentiality Agreement is essential for organizations and individuals operating under New Zealand law who need to share sensitive information while ensuring legal compliance and protection. The document is particularly relevant in light of the Privacy Act 2020's stringent requirements for personal information handling and data protection. It should be used whenever parties need to exchange confidential business information or personal data, whether in commercial partnerships, employment relationships, or service arrangements. The agreement covers crucial aspects such as data security measures, breach notification procedures, and compliance with New Zealand privacy principles. It's designed to protect both the disclosing and receiving parties while ensuring clear accountability and enforcement mechanisms for confidentiality obligations.
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1. Parties: Identifies and provides full details of all parties to 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 including 'Confidential Information', 'Personal Information', 'Permitted Purpose', and 'Authorized Representatives'
4. Scope of Confidential Information: Clearly identifies what information is considered confidential under the agreement
5. Obligations of Confidentiality: Details the core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Privacy Obligations: Specifies obligations regarding personal information handling in compliance with the Privacy Act 2020
7. Security Measures: Outlines required security measures for protecting confidential information and personal data
8. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Breach Notification: Requirements for notifying privacy or confidentiality breaches
11. Term and Termination: Duration of the agreement and circumstances for termination
12. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. International Data Transfers: Required when confidential information or personal data will be transferred outside New Zealand
2. Intellectual Property Rights: Include when confidential information includes IP or trade secrets
3. Industry-Specific Compliance: Add when specific industry regulations apply (e.g., healthcare, financial services)
4. Audit Rights: Include when regular auditing of confidentiality measures is required
5. Insurance Requirements: Add when specific insurance coverage for data breaches is required
6. Data Processing Obligations: Include when one party will process personal data on behalf of the other
7. Subcontractor Provisions: Required when either party may engage subcontractors who will have access to confidential information
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Approved Security Measures: Detailed technical and organizational security measures required
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive or handle confidential information
4. Schedule 4 - Data Processing Details: Specific details about how personal data will be processed, if applicable
5. Appendix A - Breach Response Plan: Detailed procedures for handling and reporting confidentiality or privacy breaches
6. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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