This Non-Disclosure Agreement For Contractors is essential for businesses operating in New Zealand that engage external contractors and need to protect their confidential information, trade secrets, and intellectual property. The document is designed to comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and relevant commercial legislation. It should be used whenever engaging contractors who will have access to sensitive business information, establishing clear obligations for maintaining confidentiality, permitted uses of information, and consequences of breach. The agreement is particularly relevant in today's business environment where companies increasingly rely on external expertise while needing to maintain information security.
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1. Parties: Identifies and defines the contracting parties - the disclosing party (usually the company) and the receiving party (the contractor)
2. Background: Explains the context of the agreement, including the nature of the contractor relationship and the need for confidentiality
3. Definitions: Defines key terms used in the agreement, particularly 'Confidential Information', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Clearly outlines what information is considered confidential under the agreement
5. Obligations of Confidentiality: Details the core confidentiality obligations and how the receiving party must protect the confidential information
6. Permitted Use and Disclosure: Specifies the permitted purposes for which the confidential information can be used and circumstances under which it can be disclosed
7. Security Measures: Outlines the required security measures for protecting confidential information
8. Return or Destruction of Information: Specifies requirements for returning or destroying confidential information upon request or termination
9. Term and Survival: States the duration of the agreement and which obligations survive termination
10. Breach and Remedies: Outlines the consequences of breaching the agreement and available remedies
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional section when confidential information includes IP that needs specific protection
2. Privacy Obligations: Required when confidential information includes personal data subject to the Privacy Act 2020
3. Non-Solicitation: Optional restriction on soliciting employees or clients, if relevant to the business relationship
4. Subcontractors: Include when the contractor may need to engage subcontractors who will need access to confidential information
5. International Transfer of Data: Required when confidential information may be transferred outside New Zealand
6. Publicity and Announcements: Controls on public statements about the business relationship
7. Insurance Requirements: Include when requiring specific insurance coverage for confidential information protection
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Permitted Purpose: Detailed description of the specific purposes for which confidential information can be used
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting confidential information
4. Schedule 4 - Approved Subcontractors: If applicable, list of pre-approved subcontractors who may access confidential information
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