This Client NDA is essential for businesses operating in New Zealand who need to protect confidential information shared with their clients. The document is structured to comply with New Zealand's legal framework, particularly the Privacy Act 2020 and Contract and Commercial Law Act 2017. It should be used when initiating new client relationships or projects where sensitive information will be exchanged. The agreement covers the definition of confidential information, obligations for information protection, permitted uses, security measures, and consequences of breach. This Client NDA template is particularly relevant for service providers, consultants, and professional firms who regularly handle client confidential information in the course of their business operations.
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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 used throughout the agreement, particularly 'Confidential Information'
4. Scope of Confidential Information: Clearly specifies what information is considered confidential under the agreement
5. Obligations of Confidentiality: Details the recipient's duties to maintain confidentiality and permitted uses of the information
6. Exclusions: Specifies information not covered by confidentiality obligations (public domain, legally required disclosures, etc.)
7. Term and Termination: Specifies how long the agreement lasts and conditions for termination
8. Return of Confidential Information: Requirements for returning or destroying confidential information
9. Breach and Remedies: Outlines consequences of breaching the agreement and available remedies
10. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Security Measures: Specific security protocols required for protecting confidential information, used when handling sensitive digital or physical data
2. Permitted Disclosures: Rules for sharing information with employees or professional advisors, included when wider internal sharing is necessary
3. Privacy Compliance: Specific provisions relating to personal information under the Privacy Act 2020, used when personal data is involved
4. Intellectual Property: Clarifies ownership and rights regarding any IP disclosed, used when proprietary technology or trade secrets are involved
5. Competing Activities: Non-compete or non-solicitation provisions, included when there's risk of competitive activities
6. Publicity: Rules about public announcements or references to the business relationship, used in high-profile relationships
1. Schedule 1: Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2: Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3: Security Protocols: Specific security measures and procedures for handling confidential information, if required
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