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Business & Commercial

Protect what makes your business valuable.

Trade secrets, customer data, strategic plans. The right agreements and practices keep your confidential information secure.

The Assets

Information that drives your business.

Confidential information comes in many forms. All of it needs appropriate protection. What gives your business its competitive edge could walk out the door.

"The right agreements and practices keep your confidential information secure."

Michael Morgan, Director at Carlile Dowling
Michael Morgan, Director

Trade Secrets

Your unique methods, formulas, and processes that give you competitive advantages. Once disclosed, they lose their protection forever.

Customer & Client Data

Personal information, purchase history, preferences - all subject to strict privacy obligations under the Privacy Act 2020.

  • Contact details and identifiers
  • Transaction and payment data
  • Behavioural and preference data

Business Strategy

Expansion plans, pricing strategies, market analysis - information competitors would value. Premature disclosure can kill deals before they happen.

Deal Information

M&A discussions, partnership proposals, investor conversations. Premature disclosure can kill deals and damage valuations.

NDAs & Confidentiality Agreements

The primary tool for protecting sensitive information.

Before you share financials, reveal your business model, or open your books, the right non-disclosure agreement (NDA) establishes clear boundaries.

One-Way NDAs

Protect information flowing in one direction. Use these when you are the only party sharing sensitive information - for example, with contractors or during investor pitches.

Best for Pitches & Contractors

Mutual NDAs

Protect both parties when both sides share confidential information - for example, in business partnership discussions or joint venture negotiations.

Best for Partnerships & JVs

Definition

What information is confidential (be specific)

Permitted Use

What the recipient can use it for

Permitted Users

Who can see and use the information

Exclusions

Information already public or independently developed

Staged Release

Release information in stages relating to other party's conditions (eg finance, state of physical assets, employee review, IP). Release the most sensitive last.

Term

How long obligations last (usually 2-5 years)

Return

What happens when the relationship ends

When NDAs are not enough

An NDA only works if you can enforce it. Consider whether the other party has assets in New Zealand, whether you would be willing to take legal action, and whether the damage would already be done before any court case. For truly sensitive information, consider whether you should share it at all.

Privacy Act 2020

Compliance is not optional.

What happens when things go wrong →

Collection

Principles 1-4

  • • Purpose of collection
  • • Source of information
  • • Collection from the individual
  • • Manner of collection

Storage & Security

Principle 5

Agencies must protect personal information using security safeguards that are reasonable in the circumstances.

Individual Access

Principles 6-7

Individuals can request access to their information and ask for corrections. You must respond within 20 working days.

Accuracy & Retention

Principles 8-9

  • • Check accuracy before use
  • • Do not keep longer than needed

Use & Disclosure

Principles 10-11

  • • Use only for intended purpose
  • • Disclose only when permitted

Cross-Border

Principle 12

Special rules apply when disclosing personal information to overseas recipients - particularly relevant for cloud services.

When Things Go Wrong

72-hour notification deadline.

Data breaches happen. How you respond matters. A privacy breach posing serious harm risk must be notified within 72 hours - or face fines up to $10,000.

01

Contain

Stop the breach from continuing. Change passwords, revoke access, secure systems. This is immediate - within hours, not days.

Immediate
02

Assess

What information was exposed? How many people affected? What could someone do with this information? This determines notification obligations.

Within 24 hours
03

Notify

If there is risk of serious harm, notify the Privacy Commissioner and affected individuals within 72 hours. We can help you determine what to say.

Within 72 hours
04

Manage

Communicate clearly with affected people. Offer practical help (like credit monitoring if financial data was exposed). Document everything.

Ongoing
05

Prevent

Conduct a post-incident review. What went wrong? What would have prevented this? Update your systems and practices accordingly.

Post-Incident

Breach Response Help

Get immediate guidance when a breach occurs.

Call Now
How We Help

NDAs & Confidentiality Agreements

Drafting

Tailored to your specific situation and enforceable in practice. One-way, mutual, or embedded in commercial contracts.

Privacy Compliance Reviews

Assessment

Assessing your current practices against the 13 Information Privacy Principles. Identifying gaps before they become problems.

Data Breach Response

Urgent

Immediate advice when a breach occurs, including notification requirements and stakeholder communications.

Trade Secret Protection

Strategy

Practical steps to maintain the secrecy that makes information valuable. Policies, contracts, and internal controls.

Employee Obligations

HR/Legal

Clear policies and agreements for your team. Exit procedures that protect your information when employees leave.

Client Observations

What Our Clients Say

"Prompt, friendly & efficient service"

Client

"I have always received excellent service from Carlile Dowling."

Repeat client

"A pleasure to work with."

Client

To ensure candour, all feedback was collected anonymously.

Common Questions

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150+ years of Hawke's Bay expertise. Get in touch to discuss your situation.

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