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Employer Non Disclosure Agreement Template for New Zealand

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Key Requirements PROMPT example:

Employer Non Disclosure Agreement

"I need an Employer Non Disclosure Agreement for a tech startup in Auckland, specifically designed for software developers who will be working on our new AI platform launching in March 2025, with strong provisions for protecting source code and algorithmic innovations."

Document background
The Employer Non Disclosure Agreement is a crucial document used in New Zealand employment relationships to protect an organization's confidential information, trade secrets, and intellectual property. It is typically implemented at the start of employment or when an existing employee gains access to sensitive information. This agreement, governed by New Zealand law, establishes clear obligations for maintaining confidentiality during and after employment, defines what constitutes confidential information, and outlines the consequences of breach. It is designed to comply with New Zealand employment law principles of good faith and reasonableness while providing robust protection for legitimate business interests.
Suggested Sections

1. Parties: Identifies the employer and employee, including their legal names and addresses

2. Background: Sets out the context of the agreement, including the employment relationship and the need for confidentiality

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

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Employee Obligations: Core confidentiality obligations, including non-use, non-disclosure, and security measures

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized disclosures

7. Security Measures: Specific measures the employee must take to protect confidential information

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

9. Duration of Obligations: Timeframe for confidentiality obligations, including post-employment period

10. Breach and Remedies: Consequences of breach and available remedies for the employer

11. General Provisions: Standard contract clauses including governing law, variation, and severability

Optional Sections

1. Intellectual Property Rights: Additional section when the role involves creation of IP or when IP protection is particularly critical

2. Third Party Information: Include when the employee will handle confidential information belonging to customers, clients, or business partners

3. IT Systems and Data Security: Additional section for roles with significant digital access or when handling sensitive electronic data

4. International Transfers: Include when the role involves cross-border data transfers or international operations

5. Workplace Privacy: Optional section addressing monitoring and privacy expectations when relevant to the role

6. Non-Competition Provisions: Optional section for senior roles where reasonable non-compete restrictions are necessary

7. Whistleblower Provisions: Detailed section on protected disclosures when the role involves access to sensitive operational information

Suggested Schedules

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

2. Schedule 2 - Security Protocols: Detailed security procedures and requirements for handling confidential information

3. Schedule 3 - Approved Third Party Recipients: List of pre-approved third parties to whom confidential information may be disclosed

4. Appendix A - Acknowledgment Form: Form for employee to sign confirming receipt and understanding of the NDA

5. Appendix B - Exit Procedures: Checklist and procedures for ensuring compliance upon employment termination

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

Financial Services

Healthcare

Professional Services

Manufacturing

Research and Development

Retail

Telecommunications

Biotechnology

Education

Mining and Resources

Media and Entertainment

Construction

Agriculture

Government and Public Sector

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Finance

Executive Leadership

Sales

Marketing

Operations

Customer Support

Product Development

Administration

Engineering

Data Analytics

Quality Assurance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Software Developer

Research Scientist

Human Resources Manager

Sales Representative

Project Manager

Legal Counsel

Product Manager

Business Analyst

Data Scientist

Marketing Manager

Operations Manager

Administrative Assistant

Financial Analyst

Engineering Manager

Customer Service Representative

Technical Support Specialist

Executive Assistant

Department Head

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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