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Non Disclosure Agreement For Subcontractor Template for New Zealand

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Key Requirements PROMPT example:

Non Disclosure Agreement For Subcontractor

"I need a Non-Disclosure Agreement For Subcontractor for my software development company in New Zealand, to be used with IT consultants who will have access to our proprietary code and client data during a major system upgrade project starting March 2025."

Document background
This Non-Disclosure Agreement For Subcontractor is essential when engaging subcontractors who require access to sensitive business information, trade secrets, or proprietary data in New Zealand. The document is specifically crafted to align with New Zealand's legal framework, including the Contract and Commercial Law Act 2017 and Privacy Act 2020. It establishes clear obligations for maintaining confidentiality, defines the scope of protected information, and outlines specific security measures required for information handling. This agreement is particularly crucial for businesses that regularly engage subcontractors for specialized work where access to confidential information is necessary for project execution. The document includes provisions for both immediate confidentiality requirements and ongoing obligations after the subcontractor relationship ends.
Suggested Sections

1. Parties: Identifies the disclosing party (typically the main contractor or company), the receiving party (the subcontractor), and any other relevant parties

2. Background: Explains the context of the agreement, including the subcontractor relationship and the need for confidentiality

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

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including non-use, non-disclosure, and security measures

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized representatives and as required by law

7. Security Measures: Specific measures required to protect confidential information

8. Return or Destruction of Confidential Information: Requirements 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

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

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, particularly relevant when subcontractor may create or modify IP

2. Non-Competition: Restrictions on competitive activities, used when subcontractor may have access to particularly sensitive commercial information

3. Non-Solicitation: Prevents solicitation of employees or clients, relevant when subcontractor has access to client or employee information

4. Data Protection Obligations: Specific obligations regarding personal data protection, required when confidential information includes personal data

5. Audit Rights: Rights to audit subcontractor's compliance, useful for highly sensitive information or regulated industries

6. Insurance Requirements: Specific insurance requirements for subcontractor, relevant for high-risk or regulated industries

7. Survivability: Specific provisions about which obligations survive termination, useful for complex arrangements

Suggested Schedules

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

2. Schedule 2 - Permitted Purpose: Detailed description of the permitted use of confidential information

3. Schedule 3 - Security Measures: Specific security protocols and requirements

4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for representatives of the subcontractor who will have access to confidential information

Authors

Alex Denne

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

Relevant legal definitions


























Clauses



























Relevant Industries

Technology and Software Development

Construction and Engineering

Professional Services

Manufacturing

Healthcare

Financial Services

Telecommunications

Research and Development

Energy and Utilities

Media and Entertainment

Consulting Services

Defense and Security

Relevant Teams

Legal

Procurement

Information Technology

Human Resources

Operations

Risk and Compliance

Project Management Office

Research and Development

Information Security

Supply Chain

Relevant Roles

Project Manager

Procurement Manager

Legal Counsel

Contract Administrator

Chief Information Officer

Chief Technology Officer

Operations Manager

Human Resources Director

Risk Manager

Compliance Officer

Business Development Manager

Supply Chain Manager

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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