This Client Confidentiality Agreement is essential for business relationships in New Zealand where sensitive information needs to be shared between parties. It is particularly relevant when service providers require access to proprietary information, trade secrets, or personal data to perform their services. The agreement ensures compliance with New Zealand's Privacy Act 2020, Contract and Commercial Law Act 2017, and other relevant legislation. It should be used at the outset of any business relationship where confidential information will be exchanged, setting clear expectations and legal obligations for handling sensitive data. The document includes comprehensive definitions of confidential information, security requirements, and breach remedies, making it suitable for various business contexts while providing robust legal protection under New Zealand law.
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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 agreement, including the nature of the business relationship
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information'
4. Scope of Confidential Information: Clearly outlines what information is considered confidential under the agreement
5. Confidentiality Obligations: Details the core obligations to maintain confidentiality and not disclose protected information
6. Permitted Uses and Disclosures: Specifies how confidential information can be used and circumstances where disclosure is permitted
7. Security Measures: Outlines required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and conditions for termination
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Addresses ownership and protection of IP rights when confidential information includes intellectual property
2. Data Privacy Compliance: Additional provisions for compliance with privacy laws when personal information is involved
3. Audit Rights: Gives the disclosing party rights to audit the receiving party's compliance with security measures
4. Insurance Requirements: Specifies insurance requirements for covering potential breaches, particularly relevant for high-risk information
5. International Transfer Provisions: Additional provisions for when confidential information may be transferred across borders
6. Subcontractor Obligations: Provisions governing the use and obligations of subcontractors who may access confidential information
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for protecting confidential information
4. Schedule 4 - Approved Subcontractors: List of approved subcontractors and their specific confidentiality obligations
5. Appendix A - Data Handling Procedures: Specific procedures for handling, storing, and transmitting confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Information Technology
Financial Services
Healthcare
Legal Services
Management Consulting
Manufacturing
Research and Development
Education
Real Estate
Technology Innovation
Business Services
Relevant Teams
Legal
Compliance
Risk Management
Information Security
Business Development
Executive Leadership
Operations
Human Resources
Information Technology
Project Management
Corporate Governance
Relevant Roles
Legal Counsel
Business Development Manager
Chief Executive Officer
Chief Financial Officer
Contract Manager
Privacy Officer
Risk Manager
Compliance Officer
Project Manager
Information Security Manager
Human Resources Director
Operations Manager
Chief Technology Officer
Business Analyst
Corporate Secretary
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