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Company NDA Template for New Zealand

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Key Requirements PROMPT example:

Company NDA

"I need a Company NDA for a potential merger discussion with a tech startup in Auckland, where we'll be sharing sensitive IP and financial information starting January 2025, with extra protection for source code and customer data."

Document background
This Company NDA template is designed for use in New Zealand business environments where companies need to share sensitive information while ensuring legal protection. The document complies with New Zealand's Contract and Commercial Law Act 2017, Privacy Act 2020, and relevant commercial legislation. It's particularly useful for business negotiations, joint ventures, potential mergers or acquisitions, supplier relationships, and other commercial arrangements where confidential information needs to be shared. The agreement includes comprehensive provisions for defining confidential information, permitted uses, security requirements, and breach remedies, all tailored to New Zealand's legal framework and business practices.
Suggested Sections

1. Parties: Identifies the contracting parties, including the disclosing company, receiving company, and their registered addresses

2. Background: Sets out the context of the agreement and the purpose for sharing confidential information

3. Definitions: Defines key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms

4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

5. Permitted Uses and Disclosures: Specifies how the receiving party may use the confidential information and to whom it may be disclosed

6. Security Measures: Required procedures and safeguards for protecting confidential information

7. Return or Destruction of Information: Requirements for handling confidential information upon termination or request

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Intellectual Property Rights: Additional provisions protecting IP rights when the confidential information includes IP - recommended when sharing technical information or trade secrets

2. Data Protection and Privacy: Specific obligations regarding personal data handling - required when confidential information includes personal data

3. Export Control: Provisions regarding international transfer of information - needed for cross-border arrangements

4. Competing Products: Restrictions on developing competing products using confidential information - relevant for technical or commercial information sharing

5. Residual Knowledge: Provisions regarding use of retained knowledge - relevant for professional services or consulting relationships

6. Force Majeure: Provisions for unforeseen circumstances - optional but recommended for long-term NDAs

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the NDA

2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information

3. Schedule 3 - Security Protocols: Specific security measures and procedures to be followed

4. Appendix A - Form of Confidentiality Undertaking: Template undertaking for representatives who will have access to confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Technology

Manufacturing

Professional Services

Healthcare

Financial Services

Research and Development

Biotechnology

Retail

Energy

Telecommunications

Construction

Real Estate

Education

Media and Entertainment

Consulting

Relevant Teams

Legal

Executive Leadership

Business Development

Research and Development

Information Technology

Human Resources

Finance

Operations

Procurement

Risk and Compliance

Corporate Affairs

Strategy

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Chief Financial Officer

Operations Manager

Procurement Manager

Human Resources Director

Commercial Manager

Managing Director

Company Secretary

Risk Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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