The Work Confidentiality Agreement is essential for businesses operating in New Zealand who need to protect their confidential information, trade secrets, and intellectual property. This document is typically used when engaging new employees, contractors, or consultants who will have access to sensitive business information. It ensures compliance with New Zealand's Privacy Act 2020, Employment Relations Act 2000, and other relevant legislation while providing clear guidelines for handling confidential information. The agreement includes definitions of confidential information, specific obligations for information protection, permitted uses and disclosures, and consequences of breach. It can be customized for various industries and roles while maintaining enforceability under New Zealand law.
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1. Parties: Identifies and defines the employer and employee/contractor who are party to the agreement
2. Background: Sets out the context of the agreement, including the employment/contractor relationship and the need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Intellectual Property', 'Trade Secrets', and other relevant terms
4. Scope of Confidential Information: Clearly outlines what information is considered confidential under the agreement
5. Obligations of Confidentiality: Details the specific duties and responsibilities regarding handling confidential information
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed
7. Security Measures: Outlines the required procedures for protecting confidential information
8. Return of Confidential Information: Procedures for returning or destroying confidential information upon termination
9. Duration of Obligations: Specifies how long the confidentiality obligations remain in force
10. Breach and Remedies: Details what constitutes a breach and the consequences/remedies available
11. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments
1. Intellectual Property Rights: Additional section when the role involves creation of IP or when IP rights need specific protection
2. Non-Competition: Optional restrictions on working with competitors, only if appropriate and legally enforceable
3. Non-Solicitation: Restrictions on approaching clients or employees, if relevant to the role
4. Whistleblower Provisions: Specific provisions about protected disclosures under NZ law
5. Third Party Information: Special provisions for handling confidential information belonging to third parties
6. Remote Working Provisions: Special security and confidentiality measures for remote work situations
7. International Transfer of Data: Required when confidential information may be transferred across borders
1. Schedule 1: Categories of Confidential Information: Detailed list of types of confidential information covered
2. Schedule 2: Security Procedures: Specific procedures and protocols for handling confidential information
3. Schedule 3: Approved Third Party Recipients: List of pre-approved third parties who may receive certain confidential information
4. Appendix A: Acknowledgment Form: Form to be signed acknowledging receipt and understanding of the agreement
5. Appendix B: Information Return Checklist: Checklist for returning or destroying confidential information upon termination
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