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Work Confidentiality Agreement

Work Confidentiality Agreement Template for New Zealand

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Key Requirements PROMPT example:

Work Confidentiality Agreement

"I need a Work Confidentiality Agreement for a technology startup in Auckland, specifically addressing remote work arrangements and cloud-based data access, to be used for new software developers starting in March 2025."

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Document background
The Work Confidentiality Agreement is essential for businesses operating in New Zealand who need to protect their confidential information, trade secrets, and intellectual property. This document is typically used when engaging new employees, contractors, or consultants who will have access to sensitive business information. It ensures compliance with New Zealand's Privacy Act 2020, Employment Relations Act 2000, and other relevant legislation while providing clear guidelines for handling confidential information. The agreement includes definitions of confidential information, specific obligations for information protection, permitted uses and disclosures, and consequences of breach. It can be customized for various industries and roles while maintaining enforceability under New Zealand law.
Suggested Sections

1. Parties: Identifies and defines the employer and employee/contractor who are party to the agreement

2. Background: Sets out the context of the agreement, including the employment/contractor relationship and the need for confidentiality

3. Definitions: Defines key terms including 'Confidential Information', 'Intellectual Property', 'Trade Secrets', and other relevant terms

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

5. Obligations of Confidentiality: Details the specific duties and responsibilities regarding handling confidential information

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

7. Security Measures: Outlines the required procedures for protecting confidential information

8. Return of Confidential Information: Procedures for returning or destroying confidential information upon termination

9. Duration of Obligations: Specifies how long the confidentiality obligations remain in force

10. Breach and Remedies: Details what constitutes a breach and the consequences/remedies available

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

Optional Sections

1. Intellectual Property Rights: Additional section when the role involves creation of IP or when IP rights need specific protection

2. Non-Competition: Optional restrictions on working with competitors, only if appropriate and legally enforceable

3. Non-Solicitation: Restrictions on approaching clients or employees, if relevant to the role

4. Whistleblower Provisions: Specific provisions about protected disclosures under NZ law

5. Third Party Information: Special provisions for handling confidential information belonging to third parties

6. Remote Working Provisions: Special security and confidentiality measures for remote work situations

7. International Transfer of Data: Required when confidential information may be transferred across borders

Suggested Schedules

1. Schedule 1: Categories of Confidential Information: Detailed list of types of confidential information covered

2. Schedule 2: Security Procedures: Specific procedures and protocols for handling confidential information

3. Schedule 3: Approved Third Party Recipients: List of pre-approved third parties who may receive certain confidential information

4. Appendix A: Acknowledgment Form: Form to be signed acknowledging receipt and understanding of the agreement

5. Appendix B: Information Return Checklist: Checklist for returning or destroying confidential information upon termination

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Healthcare

Financial Services

Professional Services

Manufacturing

Research and Development

Education

Retail

Telecommunications

Legal Services

Biotechnology

Media and Entertainment

Construction

Energy

Relevant Teams

Human Resources

Legal

Information Technology

Research & Development

Executive Leadership

Finance

Sales

Marketing

Operations

Product Development

Customer Service

Administration

Engineering

Security

Data Analytics

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Software Developer

Human Resources Manager

Financial Controller

Research Scientist

Product Manager

Business Analyst

Legal Counsel

Marketing Director

Sales Representative

Project Manager

Data Analyst

Systems Administrator

Operations Manager

Executive Assistant

Consultant

Engineer

Designer

Account Manager

Industries
Employment Relations Act 2000: Sets out the fundamental employment relationship principles and good faith obligations between employers and employees, which forms the basis of any work-related agreement.
Privacy Act 2020: Governs how personal information should be collected, used, stored and disclosed, which is relevant when dealing with employee information and confidentiality obligations.
Fair Trading Act 1986: Ensures that contractual terms are fair and not misleading or deceptive, including in employment and confidentiality contexts.
Contract and Commercial Law Act 2017: Provides the legal framework for contract formation and enforcement, including provisions related to contractual remedies and electronic transactions.
Protected Disclosures (Protection of Whistleblowers) Act 2022: Protects employees who make disclosures about serious wrongdoing in their workplace, which must be considered in confidentiality provisions.
Copyright Act 1994: Protects original works created during employment and determines ownership rights, which often intersects with confidentiality obligations.
Patents Act 2013: Relevant for confidentiality agreements that may involve inventions or innovative processes developed during employment.
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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