The Conflict of Interest and Confidentiality Agreement is designed for use in New Zealand organizations where individuals need to both protect confidential information and declare potential conflicts of interest. This document becomes necessary when organizations need to safeguard sensitive information while ensuring transparency in decision-making processes. It's particularly relevant for new employees, board members, contractors, or consultants who will have access to confidential information or be in positions where conflicts of interest might arise. The agreement complies with New Zealand's legal framework, including the Privacy Act 2020, Companies Act 1993, and Employment Relations Act 2000, providing comprehensive protection for organizational interests while establishing clear obligations for individuals.
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1. Parties: Identification of all parties to the agreement, including their legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms including 'Confidential Information', 'Conflict of Interest', 'Material Interest', and interpretation clauses
4. Confidentiality Obligations: Core confidentiality requirements, including handling, storage, and protection of confidential information
5. Conflict of Interest Obligations: General obligations to disclose and manage conflicts of interest, including definition of what constitutes a conflict
6. Disclosure Requirements: Specific requirements and procedures for disclosing actual, potential, or perceived conflicts of interest
7. Duration and Survival: Term of the agreement and which obligations survive termination
8. Return of Confidential Information: Obligations regarding the return or destruction of confidential information
9. Breach and Consequences: Consequences of breaching confidentiality or failing to disclose conflicts, including remedies
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property: Additional provisions for protecting intellectual property rights when the confidential information includes IP - used when R&D or technical information is involved
2. Board Member Obligations: Specific provisions for board members' duties and disclosures - used when the agreement covers board members
3. Digital Security Requirements: Specific requirements for handling digital information - used when confidential information is primarily stored or transmitted electronically
4. Third Party Disclosure: Provisions for authorized disclosure to third parties like advisors or auditors - used when third party access may be necessary
5. Competitive Activities: Restrictions on competitive activities - used when there's a need to prevent competitive conflicts
6. Whistleblower Protection: Provisions protecting individuals who report legitimate wrongdoing - used when required by industry regulations or company policy
1. Schedule 1: Conflict of Interest Declaration Form: Template form for declaring conflicts of interest
2. Schedule 2: Categories of Confidential Information: Detailed list of types of information considered confidential under the agreement
3. Schedule 3: Approved Disclosure Procedures: Step-by-step procedures for making conflict of interest disclosures
4. Schedule 4: Register of Interests: Template for maintaining an ongoing register of declared interests
5. Schedule 5: Information Security Protocols: Specific procedures for handling and protecting confidential information
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Technology
Professional Services
Government
Education
Research and Development
Non-Profit
Manufacturing
Legal Services
Consulting
Energy
Telecommunications
Defense
Relevant Teams
Executive Leadership
Board of Directors
Human Resources
Legal
Finance
Information Technology
Research and Development
Procurement
Business Development
Data Management
Clinical Operations
Investment
Operations
Security
Compliance
Risk Management
Relevant Roles
Chief Executive Officer
Board Director
Senior Manager
Financial Controller
Project Manager
Research Scientist
Legal Counsel
HR Manager
Procurement Officer
Business Development Manager
IT Administrator
Department Head
External Consultant
System Administrator
Data Analyst
Investment Manager
Clinical Director
Research Director
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