This Confidentiality and Non-Compete Agreement is designed for use in New Zealand business contexts where protection of sensitive information and business interests is crucial. It is commonly used when engaging employees, contractors, or business partners who will have access to confidential information or develop significant business relationships. The agreement must comply with New Zealand law, particularly the Employment Relations Act 2000 and Contract and Commercial Law Act 2017, ensuring that restraint of trade provisions are reasonable and enforceable. It typically includes specific provisions about the handling of confidential information, restricted activities, geographical limitations, and time periods for restrictions. The agreement is essential for businesses wanting to protect their intellectual property, trade secrets, customer relationships, and competitive advantage while maintaining legal compliance.
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1. Parties: Identifies the parties to the agreement, including the disclosing party and receiving party
2. Background: Sets out the context of the agreement and the relationship between the parties
3. Definitions: Defines key terms including 'Confidential Information', 'Restricted Business', and 'Restricted Period'
4. Confidentiality Obligations: Details the obligations to maintain confidentiality, permitted uses, and security measures
5. Non-Compete Obligations: Specifies the restraint of trade provisions, including geographical and temporal limits
6. Non-Solicitation: Prohibitions on soliciting employees, customers, or suppliers
7. Return of Confidential Information: Requirements for returning or destroying confidential information
8. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
9. Duration: Term of the agreement and survival of obligations
10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when the confidential information includes IP
2. Permitted Disclosures: Specific circumstances where disclosure is permitted, such as to professional advisors or by court order
3. Data Protection: Specific provisions for handling personal data when relevant under the Privacy Act 2020
4. Assignment and Subcontracting: Rules about transferring rights or obligations, included when relevant to the business context
5. Variation and Waiver: Procedures for modifying the agreement or waiving rights, included in more complex agreements
6. Independent Contractor: Clarification of relationship status when the agreement is not with an employee
1. Schedule 1 - Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Restricted Activities: Specific description of prohibited business activities and competition
3. Schedule 3 - Restricted Territory: Detailed description of geographical areas where restrictions apply
4. Schedule 4 - Legitimate Business Interests: Documentation of the business interests being protected to support enforceability
5. Appendix A - Security Measures: Specific security protocols required for handling confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Financial Services
Healthcare
Manufacturing
Research and Development
Biotechnology
Retail
Software Development
Consulting
Legal Services
Engineering
Telecommunications
Pharmaceuticals
Media and Entertainment
Relevant Teams
Executive
Sales
Research and Development
Information Technology
Human Resources
Marketing
Operations
Finance
Legal
Product Development
Customer Service
Business Development
Engineering
Analytics
Strategy
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Senior Developer
Sales Manager
Research Scientist
Business Development Manager
Product Manager
Senior Consultant
Financial Analyst
Marketing Director
Operations Manager
Human Resources Manager
Software Engineer
Account Manager
Project Manager
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