This Insurance Confidentiality Agreement is designed for use when parties need to exchange sensitive information in the context of insurance business operations in New Zealand. It is particularly relevant when sharing underwriting data, claims information, customer details, or proprietary insurance processes. The agreement ensures compliance with New Zealand's privacy and insurance regulations, including the Privacy Act 2020 and Insurance (Prudential Supervision) Act 2010. It should be used whenever insurance companies, brokers, or service providers need to share confidential information while maintaining regulatory compliance and protecting business interests. The document includes specific provisions for data protection, regulatory reporting requirements, and breach notification procedures tailored to the New Zealand insurance sector.
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1. Parties: Identification of the parties entering into the agreement, including full legal names and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information in the insurance context
3. Definitions: Detailed definitions including 'Confidential Information', 'Insurance Business', 'Regulatory Requirements', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the insurance context, including customer data, underwriting information, and business processes
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 regulatory requirements and legal obligations
7. Data Protection and Security: Specific measures required to protect confidential information, including physical, electronic, and procedural safeguards
8. Regulatory Compliance: Obligations to comply with relevant insurance and privacy regulations
9. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
10. Breach Notification: Procedures for reporting and handling confidentiality breaches
11. Term and Termination: Duration of confidentiality obligations and termination provisions
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Internal Controls: Specific internal control requirements for larger organizations or when dealing with highly sensitive insurance data
2. Audit Rights: Rights to audit compliance with confidentiality obligations, recommended for high-value or high-risk relationships
3. Insurance Requirements: Specific insurance coverage requirements for confidentiality breaches, relevant for high-risk situations
4. Cross-Border Data Transfers: Provisions for international data transfers, needed when parties operate across multiple jurisdictions
5. Disaster Recovery: Specific provisions for maintaining confidentiality during disaster recovery, important for business-critical relationships
6. Subcontractor Obligations: Requirements for subcontractors handling confidential information, needed when subcontracting is permitted
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2 - Security Requirements: Technical and organizational security measures required for protecting confidential information
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Schedule 4 - Data Handling Procedures: Specific procedures for handling different types of confidential information
5. Appendix A - Confidentiality Acknowledgment Form: Form to be signed by individual employees or representatives accessing confidential information
6. Appendix B - Breach Reporting Protocol: Detailed procedures for reporting and managing confidentiality breaches
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