The Agreement Not To Disclose Confidential Information is essential for businesses and individuals operating in Australia who need to protect sensitive information during commercial relationships, negotiations, or collaborative projects. This document is designed to comply with Australian federal and state laws, including the Privacy Act 1988 (Cth) and relevant common law principles regarding confidential information. It is commonly used before entering into detailed business discussions, during due diligence processes, or when engaging contractors or consultants. The agreement defines what constitutes confidential information, establishes clear obligations for information handling, and provides remedies for breach under Australian law. It is particularly relevant in today's digital business environment where information security is paramount and cross-border information sharing is common.
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1. Parties: Identifies and provides full details of all parties entering into the agreement
2. Background: Explains the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information'
4. Scope of Confidential Information: Clearly specifies what information is covered by the agreement
5. Obligations of Confidentiality: Details the core obligations to maintain confidentiality and not disclose protected information
6. Permitted Uses and Disclosures: Specifies how the recipient may use the confidential information and under what circumstances disclosure is permitted
7. Security Measures: Outlines the required measures to protect and secure confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information after the agreement ends
9. Term and Termination: Specifies how long the agreement lasts and how it can be terminated
10. Breach and Remedies: Outlines the consequences of breaching the agreement and available remedies
11. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severability
12. Execution: Signature blocks and execution details
1. Third Party Disclosure: Additional provisions for when confidential information needs to be shared with third parties such as employees, advisors, or contractors
2. International Transfer of Data: Required when confidential information may be transferred across international borders
3. Competing Projects: Provisions regarding work on similar or competing projects while having access to confidential information
4. Residual Knowledge: Provisions addressing the use of general knowledge and experience gained while working with confidential information
5. Non-Solicitation: Additional provisions preventing the recipient from soliciting employees or customers
6. Publicity: Provisions regarding public announcements or acknowledgment of the relationship
7. Insurance Requirements: Specific insurance requirements for handling sensitive information
8. Data Privacy Compliance: Additional provisions for compliance with privacy laws when personal information is involved
1. Schedule 1 - Description of Confidential Information: Detailed list or description of specific 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: Detailed security measures and procedures for handling confidential information
4. Schedule 4 - Approved Third Party Recipients: List of approved third parties who may receive the confidential information
5. Appendix A - Form of Third Party Confidentiality Agreement: Template agreement for third parties who need to access the confidential information
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Authorized Purpose
Authorized Representatives
Business Day
Commencement Date
Confidentiality Obligations
Disclosing Group
Excluded Information
Intellectual Property Rights
Material
Notice
Permitted Disclosure
Personal Information
Related Body Corporate
Representatives
Security Measures
Subsidiary
Term
Third Party Recipients
Trade Secrets
Unauthorised Disclosure
Derivative Information
Residual Information
Disclosing Party
Receiving Party
Authorized Purpose
Authorized Representatives
Business Day
Commencement Date
Confidentiality Obligations
Disclosing Group
Excluded Information
Intellectual Property Rights
Material
Notice
Permitted Disclosure
Personal Information
Related Body Corporate
Representatives
Security Measures
Subsidiary
Term
Third Party Recipients
Trade Secrets
Unauthorised Disclosure
Derivative Information
Residual Information
Clauses
Confidentiality
Information Protection
Permitted Use
Disclosure Restrictions
Return of Information
Security Requirements
Term and Termination
Breach and Remedies
Intellectual Property
Privacy Compliance
Permitted Disclosures
Third Party Access
Governing Law
Dispute Resolution
Force Majeure
Assignment
Indemnification
Severability
Entire Agreement
Variation
Notices
Warranties
Survival
Information Protection
Permitted Use
Disclosure Restrictions
Return of Information
Security Requirements
Term and Termination
Breach and Remedies
Intellectual Property
Privacy Compliance
Permitted Disclosures
Third Party Access
Governing Law
Dispute Resolution
Force Majeure
Assignment
Indemnification
Severability
Entire Agreement
Variation
Notices
Warranties
Survival
Relevant Industries
Technology & Software
Healthcare & Pharmaceuticals
Financial Services
Manufacturing
Professional Services
Research & Development
Energy & Resources
Media & Entertainment
Retail & Consumer Goods
Education
Mining
Biotechnology
Defense & Security
Real Estate & Property
Telecommunications
Relevant Teams
Legal
Compliance
Human Resources
Information Technology
Research and Development
Business Development
Executive Leadership
Finance
Operations
Procurement
Information Security
Risk Management
Innovation
Strategic Partnerships
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Compliance Officer
Business Development Manager
Project Manager
Research Director
Human Resources Manager
Chief Technology Officer
Chief Financial Officer
Investment Manager
Operations Manager
Procurement Manager
Contract Administrator
Information Security Officer
Risk Manager
Innovation Director
Strategic Partnership Manager
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