Business Broker Confidentiality Agreement Template for New Zealand

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Key Requirements PROMPT example:

Business Broker Confidentiality Agreement

"I need a Business Broker Confidentiality Agreement under New Zealand law for my technology startup's potential sale, with specific provisions for protecting source code and customer data, including cross-border data transfer provisions as we have clients in multiple countries."

Document background
The Business Broker Confidentiality Agreement is a crucial legal document used in New Zealand when business brokers engage with potential buyers during business sales processes. This agreement becomes necessary when confidential information about a business needs to be shared with interested parties during the initial stages of a potential transaction. It ensures that sensitive information such as financial records, customer lists, trade secrets, and operational details are protected under New Zealand law. The agreement is designed to comply with the Privacy Act 2020, Fair Trading Act 1986, and other relevant New Zealand legislation, providing legal recourse in case of unauthorized disclosure. It's particularly important in the context of business sales where multiple parties may need access to sensitive information during due diligence processes.
Suggested Sections

1. Parties: Identifies the business broker, the recipient of confidential information, and the business owner/client

2. Background: Explains the context of the agreement, including the broker's role and the purpose of sharing confidential information

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

4. Scope of Confidential Information: Clearly outlines what constitutes confidential information under the agreement

5. Confidentiality Obligations: Details the core obligations regarding the use, protection, and non-disclosure of confidential information

6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and to whom

7. Security Measures: Outlines required security measures for protecting confidential information

8. Return or Destruction of Information: Procedures for handling confidential information after the agreement ends or upon request

9. Duration and Survival: Specifies how long the confidentiality obligations last

10. Breach and Remedies: Details consequences of breaching the agreement and available remedies

11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Third Party Disclosure: Additional provisions for cases where information needs to be shared with third parties such as advisors or potential investors

2. Digital Information Handling: Specific provisions for handling digital information and cybersecurity requirements

3. Competing Business Restrictions: Additional restrictions regarding involvement with competing businesses

4. Non-Solicitation: Provisions preventing solicitation of employees or customers

5. Publicity Restrictions: Specific restrictions on public announcements or media communications

6. International Transfer of Data: Additional provisions for cases involving cross-border transfer of information

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information

4. Appendix A - Acknowledgment Form: Form for additional parties or representatives to acknowledge and agree to confidentiality obligations

5. Appendix B - Information Return Certificate: Certificate confirming return or destruction of confidential information

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Business Services

Professional Services

Retail

Manufacturing

Technology

Healthcare

Hospitality

Construction

Agriculture

Transport and Logistics

Education

Financial Services

Real Estate

Industrial

Entertainment

Relevant Teams

Legal

Finance

Mergers & Acquisitions

Corporate Development

Executive Leadership

Business Development

Operations

Risk Management

Compliance

Strategic Planning

Relevant Roles

Business Broker

Managing Director

Chief Executive Officer

Chief Financial Officer

Business Development Manager

Mergers & Acquisitions Manager

Corporate Lawyer

Investment Analyst

Due Diligence Specialist

Business Valuator

Strategic Planning Manager

Operations Director

Financial Controller

Legal Counsel

Business Owner

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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