The Supplier Confidentiality Agreement is essential for businesses operating in New Zealand that need to share sensitive information with their suppliers while maintaining appropriate protection and control. This document is typically used before commencing detailed supplier discussions or during ongoing supplier relationships where confidential information needs to be exchanged. It ensures compliance with New Zealand legal requirements, including the Privacy Act 2020 and Contract and Commercial Law Act 2017, while establishing clear obligations for handling sensitive information. The agreement covers various types of confidential information, from trade secrets and intellectual property to customer data and business strategies, making it suitable for different industries and supplier relationships. It includes specific provisions for security measures, permitted uses, and breach consequences, adapted to New Zealand's legal framework and business practices.
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1. Parties: Identification of the disclosing party (typically the company) and the receiving party (the supplier), including full legal names and registered addresses
2. Background: Context of the agreement, including the nature of the business relationship and purpose for sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Unauthorized Disclosure'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Specific measures required to protect confidential information
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights - include when confidential information includes IP assets
2. Privacy Compliance: Additional provisions for compliance with privacy laws - include when personal information is involved
3. Digital Security Requirements: Specific IT and digital security requirements - include for digital assets or when information is primarily stored/transmitted electronically
4. Subcontractors: Provisions governing disclosure to and obligations of subcontractors - include when supplier likely to use subcontractors
5. International Transfer: Provisions governing international transfer of confidential information - include for cross-border supplier relationships
6. Competing Projects: Restrictions on involvement in competing projects - include when supplier works in competitive industry
7. Insurance Requirements: Specific insurance requirements for confidentiality breaches - include for high-value or sensitive information
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security procedures and requirements for handling confidential information
4. Schedule 4 - Notification Requirements: Procedures for notification in case of unauthorized disclosure or security breaches
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or employees
6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Retail
Telecommunications
Energy
Construction
Research and Development
Pharmaceutical
Defence
Automotive
Aerospace
Consumer Goods
Relevant Teams
Legal
Procurement
Supply Chain
Information Security
Risk Management
Operations
Finance
Compliance
Information Technology
Project Management
Relevant Roles
Procurement Manager
Supply Chain Director
Legal Counsel
Commercial Manager
Vendor Relations Manager
Chief Information Security Officer
Operations Director
Contract Manager
Risk Management Officer
Information Security Manager
Chief Financial Officer
Chief Technology Officer
Project Manager
Business Development Manager
Compliance Officer
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