Financial Confidentiality Agreement Template for New Zealand

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Key Requirements PROMPT example:

Financial Confidentiality Agreement

"I need a Financial Confidentiality Agreement under New Zealand law for a potential merger discussion between our investment firm and a fintech startup, with specific provisions for protecting algorithmic trading information and customer financial data."

Document background

This Financial Confidentiality Agreement is essential for businesses operating in New Zealand that need to share sensitive financial information while ensuring legal compliance and protection. The document is specifically designed to align with New Zealand's regulatory framework, including the Privacy Act 2020 and Financial Markets Conduct Act 2013. It is commonly used in situations involving financial due diligence, merger and acquisition discussions, financial advisory services, and other scenarios where confidential financial data needs to be shared between parties. The agreement provides comprehensive protection for both physical and digital financial information, including provisions for data security, authorized access, and breach notification requirements under New Zealand law.

Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details

2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship

3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Authorized Purpose', and 'Representatives'

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

5. Confidentiality Obligations: Details the core obligations regarding the handling, 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 upon termination or request

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

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

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

Optional Sections

1. Data Privacy Compliance: Specific provisions for compliance with privacy laws when confidential information includes personal data

2. Intellectual Property Rights: Additional provisions when confidential information includes intellectual property

3. International Transfer of Information: Required when confidential information may be transferred across borders

4. Regulatory Compliance: Specific provisions for financial sector regulatory compliance, particularly relevant for financial institutions

5. Insurance Requirements: Provisions requiring specific insurance coverage for data protection

6. Audit Rights: Provisions allowing audit of information handling procedures

7. Subcontractor Obligations: Required when either party may need to involve subcontractors who will access confidential information

Suggested Schedules

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

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

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

4. Schedule 4 - Information Handling Procedures: Specific procedures for handling, storing, and transmitting confidential information

5. Appendix A - Data Breach Response Plan: Procedures to be followed in case of a data breach or unauthorized disclosure

6. Appendix B - Approved Security Standards: Technical and organizational security standards required for compliance

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Banking

Insurance

Investment Management

Corporate Finance

Fintech

Professional Services

Accounting

Business Consulting

Wealth Management

Private Equity

Venture Capital

Asset Management

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Corporate Development

Mergers & Acquisitions

Investment

Audit

Information Security

Data Protection

Executive Leadership

Relevant Roles

Chief Financial Officer

Financial Controller

Investment Manager

Financial Analyst

Compliance Officer

Risk Manager

Legal Counsel

Investment Banker

Financial Advisor

Treasury Manager

Audit Manager

Finance Director

Corporate Development Manager

M&A Specialist

Due Diligence Officer

Data Protection Officer

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Let's create your Financial Confidentiality Agreement

Authors

Alex Denne

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