This Virtual Assistant Confidentiality Agreement is designed for businesses and individuals in New Zealand who engage virtual assistants for various administrative, technical, or operational support functions. The document becomes essential when virtual assistants require access to sensitive business information, customer data, or proprietary materials to perform their duties. With the increasing adoption of remote work and digital services, this agreement provides necessary protections under New Zealand law, including compliance with the Privacy Act 2020 and relevant commercial legislation. It addresses specific considerations for digital information handling, remote work security, and data protection measures. The agreement is particularly relevant given the growth of virtual assistant services and the need to protect confidential information in digital work environments while maintaining compliance with New Zealand's legal requirements for data protection and privacy.
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1. Parties: Identification of the parties: the company/individual engaging the virtual assistant and the virtual assistant (individual or business entity)
2. Background: Context of the agreement, nature of the virtual assistant relationship, and general purpose of the confidentiality agreement
3. Definitions: Key terms including 'Confidential Information', 'Services', 'Data', 'Intellectual Property', 'Security Protocols', etc.
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of virtual assistant services
5. Confidentiality Obligations: Core confidentiality duties, non-disclosure requirements, and permitted uses of confidential information
6. Data Security Requirements: Specific measures the virtual assistant must implement to protect confidential information, including digital security protocols
7. Term and Survival: Duration of the agreement and which obligations survive after termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. AI and Automated Processing: Required when the virtual assistant uses AI tools or automated processing systems, specifying permitted uses and additional security requirements
2. International Data Transfers: Necessary when the virtual assistant operates from overseas or when data may be transmitted across borders
3. Subcontractor Provisions: Include when the virtual assistant may engage subcontractors or additional team members
4. Intellectual Property Creation: Required when the virtual assistant's role includes creating content or developing intellectual property
5. Privacy Compliance: Detailed privacy obligations when handling personal information, particularly relevant under the NZ Privacy Act 2020
6. Remote Work Security: Specific provisions for securing home office or remote working environments
7. Client Specific Obligations: Special confidentiality requirements for specific clients or industries when the VA works with multiple clients
1. Schedule 1: Categories of Confidential Information: Detailed list of types of confidential information the virtual assistant will have access to
2. Schedule 2: Security Protocols and Requirements: Specific technical and operational security measures required
3. Schedule 3: Approved Software and Tools: List of approved software, platforms, and tools for handling confidential information
4. Appendix A: Data Breach Response Plan: Procedures to follow in case of a data breach or security incident
5. Appendix B: Confidentiality Acknowledgment Form: Form to be signed by any additional team members or subcontractors
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