Technology Non Disclosure Agreement Template for New Zealand

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Key Requirements PROMPT example:

Technology Non Disclosure Agreement

"I need a Technology Non-Disclosure Agreement for my New Zealand-based software startup to share our AI algorithm specifications with a potential investor, with special provisions for source code protection and a clause preventing reverse engineering."

Document background

The Technology Non Disclosure Agreement is essential for businesses and organizations operating in New Zealand's growing technology sector. This document should be used when parties need to share sensitive technical information, including but not limited to source code, algorithms, technical specifications, development methodologies, and other proprietary technology assets. It's particularly relevant in situations involving technology development, joint ventures, potential partnerships, or client-vendor relationships where technical information needs to be shared. The agreement ensures compliance with New Zealand's legal framework, including the Contract and Commercial Law Act 2017 and Privacy Act 2020, while providing specific provisions for technical data protection, security measures, and permitted usage parameters. This document is crucial for establishing clear obligations and protections before engaging in technical discussions or collaboration.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details

2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Technology', 'Trade Secrets', and other technical terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including specific types of technical data, source code, algorithms, etc.

5. Obligations of Confidentiality: Core confidentiality obligations, including storage, handling, and protection of confidential information

6. Permitted Use and Disclosure: Specific permitted uses of the confidential information and circumstances under which disclosure is allowed

7. Security Measures: Required technical and organizational security measures for protecting confidential information

8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination

9. Term and Termination: Duration of the agreement and termination provisions

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

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

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, used when the shared information includes patentable innovations or copyrightable material

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

3. Third Party Disclosure: Provisions for sharing with authorized third parties like contractors or advisors, used when third-party access is anticipated

4. International Transfer of Data: Provisions for cross-border data transfers, used when parties are in different jurisdictions

5. Source Code Protection: Special provisions for protecting source code, used when software code is part of the confidential information

6. Reverse Engineering Prohibition: Specific prohibitions on reverse engineering, used when protecting technical products or systems

7. Residual Knowledge: Provisions addressing use of residual knowledge, used when receiving party needs to protect their employees' general skill development

8. Competition Restrictions: Non-compete or market restriction clauses, used when confidential information could provide competitive advantage

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of 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: Specific technical and organizational security measures required

4. Schedule 4 - Approved Third Party Recipients: List of approved third parties who may receive the confidential information

5. Schedule 5 - Information Handling Procedures: Detailed procedures for handling, storing, and destroying 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Software Development

Biotechnology

Financial Technology

Artificial Intelligence

Cybersecurity

Cloud Computing

Telecommunications

Research & Development

Digital Healthcare

E-commerce

Manufacturing Technology

Clean Technology

Internet of Things

Data Analytics

Relevant Teams

Legal

Information Technology

Research & Development

Software Development

Information Security

Product Development

Innovation

Technical Operations

Procurement

Business Development

Executive Leadership

Data Protection

Solutions Architecture

Enterprise Architecture

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Development Manager

IT Director

Chief Information Security Officer

Technology Consultant

Product Manager

Research & Development Director

Innovation Manager

Systems Architect

Technical Project Manager

Intellectual Property Lawyer

Business Development Manager

Chief Executive Officer

Chief Innovation Officer

Data Protection Officer

Technology Procurement Manager

Solutions Architect

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