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Relationship Non Disclosure Agreement Template for New Zealand

A comprehensive non-disclosure agreement designed for business relationships in New Zealand, incorporating provisions compliant with New Zealand law including the Privacy Act 2020 and Contract and Commercial Law Act 2017. This agreement protects confidential information shared between parties in an ongoing business relationship, covering not just basic confidentiality obligations but also relationship management aspects, permitted uses, security requirements, and specific provisions for handling sensitive information in a business partnership context. It includes robust protection mechanisms while maintaining flexibility for various types of business relationships and industry-specific requirements.

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What is a Relationship Non Disclosure Agreement?

The Relationship Non Disclosure Agreement is essential for businesses entering into partnerships, joint ventures, or strategic alliances in New Zealand where confidential information needs to be shared. This document is designed to comply with New Zealand legislation, including the Privacy Act 2020 and Contract and Commercial Law Act 2017, while providing comprehensive protection for sensitive business information. It is particularly useful when parties anticipate an ongoing relationship requiring regular information exchange, rather than a one-off transaction. The agreement covers various aspects of information sharing, from technical data and trade secrets to customer information and business strategies, while establishing clear protocols for managing both the confidentiality obligations and the business relationship itself. It includes specific provisions for handling, storing, and destroying confidential information, as well as clear guidelines for permitted uses and disclosure restrictions.

What sections should be included in a Relationship Non Disclosure Agreement?

1. Parties: Identifies and provides full details of all parties to the agreement

2. Background: Explains the context of the relationship and the need for confidentiality protection

3. Definitions and Interpretation: Defines key terms including 'Confidential Information', 'Relationship', 'Permitted Purpose' and other relevant terms

4. Duration and Scope of Relationship: Defines the term of the relationship and its general scope

5. Confidentiality Obligations: Core confidentiality provisions including non-disclosure, non-use, and security measures

6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed

7. Security Measures: Details the required security measures for protecting confidential information

8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination

9. Breach and Remedies: Consequences of breach and available remedies

10. General Provisions: Standard provisions including governing law, notices, and entire agreement

What sections are optional to include in a Relationship Non Disclosure Agreement?

1. Relationship Management: Used when specific individuals need to be designated to manage the relationship and information flow

2. Intellectual Property: Include when the relationship involves creation or sharing of IP

3. Data Protection: Required when personal data is involved, ensuring compliance with Privacy Act 2020

4. Non-Competition: Include when parties want to restrict competitive activities during the relationship

5. Publicity and Announcements: Used when public statements about the relationship need to be controlled

6. Insurance Requirements: Include when specific insurance coverage is required for the relationship

7. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard court jurisdiction

What schedules should be included in a Relationship Non Disclosure Agreement?

1. Schedule 1 - Specified 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. Schedule 4 - Permitted Purpose: Detailed description of the permitted uses of confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template undertaking for employees or subcontractors who need access to confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Publisher

Ƶ

Cost

Free to use

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