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Human Resources Confidentiality Agreement Template for New Zealand

A comprehensive legal document designed under New Zealand law to protect confidential and sensitive information handled by employees in human resources and related functions. This agreement establishes the obligations and responsibilities of employees regarding the handling, storage, and protection of confidential information including personnel records, salary information, medical records, performance evaluations, and other sensitive business information. It ensures compliance with New Zealand's Privacy Act 2020 and Employment Relations Act 2000, while providing clear guidelines for maintaining confidentiality during and after employment.

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What is a Human Resources Confidentiality Agreement?

This Human Resources Confidentiality Agreement is essential for organizations operating in New Zealand that need to protect sensitive employee and business information handled by their staff. The agreement is particularly crucial given the requirements of New Zealand's Privacy Act 2020 and Employment Relations Act 2000, which set strict standards for handling personal and confidential information. It should be implemented when employees have access to sensitive HR data, including but not limited to personal information, salary details, medical records, performance reviews, and strategic business information. The agreement helps organizations maintain data privacy, protect employee information, and ensure compliance with legal obligations while establishing clear protocols for information handling and consequences for breaches.

What sections should be included in a Human Resources Confidentiality Agreement?

1. Parties: Identifies the employer and employee entering into the agreement

2. Background: Explains the context and purpose of the agreement, including the employee's role and access to confidential information

3. Definitions: Defines key terms including 'Confidential Information', 'Intellectual Property', 'Personal Information', and other relevant terms

4. Scope of Confidential Information: Details what constitutes confidential information within the organization

5. Obligations of Confidentiality: Outlines the employee's specific duties regarding confidential information

6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed

7. Data Protection and Security: Describes requirements for handling and protecting confidential information

8. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination

9. Breach and Consequences: Outlines the consequences of breaching the agreement

10. Duration and Survival: Specifies how long the confidentiality obligations last

11. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments

What sections are optional to include in a Human Resources Confidentiality Agreement?

1. Third Party Information: Used when employees may have access to confidential information belonging to clients, customers, or business partners

2. Intellectual Property Rights: Include when employees may create or have access to IP in their role

3. Social Media and External Communications: Add for roles involving public communications or social media access

4. Remote Working Provisions: Include for employees who work remotely and handle confidential information outside the office

5. International Data Transfer: Required if confidential information may be transferred across borders

6. Industry-Specific Compliance: Add for regulated industries with specific confidentiality requirements

7. Post-Employment Restrictions: Include when adding non-compete or non-solicitation provisions

What schedules should be included in a Human Resources Confidentiality Agreement?

1. Schedule 1: Categories of Confidential Information: Detailed list of types of confidential information specific to the organization

2. Schedule 2: Security Procedures: Specific procedures for handling and securing confidential information

3. Schedule 3: Approved Third Party Recipients: List of approved third parties who may receive confidential information

4. Appendix A: Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of the agreement

5. Appendix B: Information Security Policies: Reference to or summary of relevant company security policies

6. Appendix C: Reporting Procedures: Procedures for reporting suspected breaches or unauthorized disclosures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Publisher

Genie AI

Cost

Free to use

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