This International Non Disclosure Agreement template is specifically designed for situations where organizations need to protect confidential information in cross-border business relationships under New Zealand law. It is commonly used during business negotiations, due diligence processes, joint ventures, or any situation where sensitive information needs to be shared between New Zealand and international parties. The document incorporates key provisions from New Zealand's Contract and Commercial Law Act 2017, Privacy Act 2020, and other relevant legislation, while also considering international business practices and foreign legal requirements. It includes comprehensive definitions of confidential information, clear obligations for both parties, specific provisions for international data transfers, and robust enforcement mechanisms that can operate across different jurisdictions. This template is particularly valuable for businesses expanding internationally, engaging in cross-border transactions, or establishing international partnerships where protection of proprietary information is crucial.
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1. Parties: Identifies all parties to the agreement, including full legal names, addresses, and company registration details for corporate entities
2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Clearly defines what constitutes confidential information under the agreement, including both expressly disclosed information and derived information
5. Obligations of Confidentiality: Details the core confidentiality obligations, including use restrictions, security measures, and standard of care required
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Breach and Remedies: Outlines consequences of breach and available remedies, including injunctive relief
10. Governing Law and Jurisdiction: Specifies New Zealand law as governing law and addresses jurisdictional issues for international enforcement
11. General Provisions: Standard boilerplate clauses including entire agreement, amendments, severability, and notices
1. Data Protection Compliance: Required when confidential information includes personal data or when parties are subject to GDPR or similar privacy laws
2. Intellectual Property Rights: Include when confidential information contains or relates to intellectual property
3. Export Control: Necessary when dealing with technical data subject to export control regulations
4. Non-Solicitation: Optional protection against poaching of employees or clients, if relevant to the business relationship
5. Publicity and Announcements: Include when parties want to control public statements about their relationship
6. Insurance Requirements: Include when requiring specific insurance coverage for confidential information protection
7. Force Majeure: May be included for long-term NDAs to address unforeseen circumstances affecting performance
8. Costs and Expenses: Include when there are specific arrangements for bearing costs related to confidential information protection
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for representatives or third parties who may receive confidential information
6. Appendix B - Data Processing Requirements: Specific requirements for processing personal data, if applicable
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Research & Development
Biotechnology
Software Development
Telecommunications
Energy
Mining
Agriculture
Education
Retail
Construction
Entertainment & Media
Relevant Teams
Legal
Compliance
Business Development
Executive Leadership
Research and Development
Information Technology
Finance
Operations
Risk Management
Corporate Affairs
Intellectual Property
Strategy
Mergers and Acquisitions
Innovation
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Contract Manager
Business Development Manager
Chief Technology Officer
Chief Financial Officer
Research Director
Project Manager
Investment Manager
Compliance Officer
Risk Manager
Intellectual Property Manager
Corporate Secretary
Operations Manager
Partnership Manager
Innovation Director
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