The Business Plan Confidentiality Agreement is essential when sharing sensitive business information with external parties in New Zealand. It is commonly used during business negotiations, investment discussions, or strategic partnerships where detailed business plans containing confidential information need to be disclosed. This document, while following New Zealand legal requirements, protects proprietary information, financial projections, market strategies, and intellectual property from unauthorized disclosure or misuse. It establishes clear obligations for handling confidential information and provides legal recourse under New Zealand law if breaches occur. The agreement is particularly crucial in early-stage business discussions where proprietary concepts and strategies need protection before proceeding with formal business relationships.
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1. Parties: Identifies and defines the parties to the agreement - typically the business plan owner ('Discloser') and the party receiving the information ('Recipient')
2. Background: Sets out the context of the agreement, including the purpose of sharing the business plan and the need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Business Plan', 'Permitted Purpose', and other relevant terms
4. Confidentiality Obligations: Core section detailing the recipient's obligations to maintain confidentiality and permitted uses of the information
5. Security Measures: Specifies the required security measures for protecting the confidential information
6. Term and Termination: Specifies the duration of confidentiality obligations and termination provisions
7. Return or Destruction of Information: Requirements for handling confidential information after the agreement ends or upon request
8. Breach and Remedies: Outlines the consequences of breaching the agreement and available remedies
9. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement clause
1. Permitted Disclosures: Used when certain disclosures to third parties (like employees or advisors) need to be explicitly permitted
2. Intellectual Property Rights: Include when the business plan contains significant IP that needs additional protection
3. Non-Solicitation: Add when there's a risk of the recipient poaching employees or customers
4. Non-Competition: Include when there's a specific need to prevent the recipient from competing based on the confidential information
5. Survival: Used to specify which obligations continue after termination
6. Insurance: Include when requiring the recipient to maintain specific insurance coverage
7. Data Privacy Compliance: Add when the business plan contains personal information subject to privacy laws
1. Schedule 1 - Description of Business Plan: Detailed description of the business plan materials being disclosed
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting the information
4. Appendix A - Acknowledgment Form: Form for additional recipients to sign acknowledging their confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Retail
Professional Services
Real Estate
Agriculture
Education
Energy
Transportation
Hospitality
Media and Entertainment
Construction
Mining
Relevant Teams
Legal
Corporate Development
Finance
Executive Leadership
Business Development
Mergers & Acquisitions
Investment
Strategy
Risk Management
Compliance
Relevant Roles
CEO
Business Development Manager
Investment Manager
Legal Counsel
Chief Financial Officer
Business Consultant
Venture Capital Analyst
Merger & Acquisition Director
Strategic Partnership Manager
Corporate Development Officer
Due Diligence Specialist
Investment Banker
Private Equity Associate
Business Broker
Startup Founder
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