This Boilerplate NDA is designed for use in New Zealand business contexts where parties need to protect confidential information during business discussions, negotiations, or ongoing business relationships. The document is structured to comply with New Zealand legal requirements, including the Contract and Commercial Law Act 2017 and Privacy Act 2020, while remaining adaptable to various business situations. It is particularly useful for businesses engaging with contractors, potential partners, employees, or service providers where sensitive information needs to be shared. The agreement includes comprehensive confidentiality provisions, clear definitions of confidential information, and specific obligations for handling and protecting sensitive data, making it suitable for both simple and complex business relationships.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Explains the context and purpose of the NDA, including the nature of the business relationship
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives'
4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and use of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
6. Security Measures: Required steps to maintain security and prevent unauthorized access to confidential information
7. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Employee and Representative Obligations: Additional provisions specifically governing employees and representatives who may access confidential information
2. Non-Competition: Restrictions on competitive activities, used when confidential information could provide competitive advantage
3. Intellectual Property Rights: Clarification of IP ownership and rights, particularly relevant for technical or creative collaborations
4. Data Protection and Privacy: Specific provisions addressing personal data handling under the Privacy Act 2020
5. Electronic Information Handling: Special provisions for digital information and cybersecurity measures
6. International Transfer of Information: Used when confidential information may be transferred across borders
7. Publicity and Announcements: Restrictions on public announcements about the relationship between parties
1. Schedule 1 - Description of Confidential Information: Detailed description or categories of information covered by the NDA
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
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