This Custom NDA template is specifically designed for use under New Zealand law, providing a framework for protecting confidential information in various business relationships. It is particularly valuable when standard NDAs don't adequately address specific confidentiality requirements or when dealing with complex information-sharing arrangements. The agreement accommodates both one-way and mutual confidentiality obligations, incorporating provisions that align with New Zealand's privacy laws, commercial legislation, and common law principles. This document is suitable for various scenarios including business partnerships, consulting arrangements, potential investments, or joint ventures, where detailed confidentiality provisions and specific information handling protocols are required.
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1. Parties: Identifies all parties to the agreement, including full legal names and registered addresses
2. Background: Explains the context and purpose of the NDA, including the nature of the business relationship
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information
5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and to whom
6. Security Measures: Required procedures and safeguards for protecting confidential information
7. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP - used when sharing technical information, inventions, or creative works
2. Non-Solicitation: Prevents poaching of employees or clients - relevant when parties may have access to employee or customer information
3. Residual Knowledge: Addresses use of general knowledge and experience gained - important for consulting or professional service relationships
4. Data Privacy Compliance: Specific obligations regarding personal data handling - necessary when confidential information includes personal data
5. Export Control: Compliance with export control laws - relevant for international business relationships or technical data sharing
6. Competitive Restrictions: Additional restrictions on competitive activities - useful when sharing business-sensitive information
7. Publicity: Rules about public announcements or acknowledgment of the relationship - important for sensitive business relationships
1. Schedule 1: Specified Confidential Information: Detailed list or categories of information deemed confidential under the agreement
2. Schedule 2: Authorized Representatives: List of individuals or roles authorized to access confidential information
3. Schedule 3: Security Protocols: Specific security measures and procedures required for handling confidential information
4. Schedule 4: Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A: Information Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research & Development
Biotechnology
Real Estate
Energy
Education
Telecommunications
Media & Entertainment
Retail
Construction
Legal Services
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research & Development
Information Technology
Finance
Operations
Procurement
Compliance
Innovation
Strategic Planning
Corporate Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Human Resources Director
Chief Technology Officer
Investment Manager
Operations Manager
Procurement Manager
Chief Financial Officer
Innovation Director
Strategic Partnership Manager
Compliance Officer
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