This Commercial Non-Disclosure Agreement is essential for businesses operating in Australia that need to share confidential information in the course of commercial relationships, negotiations, or potential transactions. The document is specifically structured to comply with Australian legal requirements, including federal privacy laws, corporations law, and common law principles of confidentiality. It's particularly useful when companies are exploring strategic partnerships, conducting due diligence, engaging in joint ventures, or sharing proprietary information. The agreement provides comprehensive protection while remaining consistent with Australian competition law principles and includes provisions for both immediate and long-term confidentiality obligations.
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1. Parties: Identifies and provides full details of all parties to 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 outlines what information is covered by the agreement
5. Obligations of Confidentiality: Details the core obligations to maintain confidentiality and permitted uses of the information
6. Security Measures: Specifies required security measures for protecting confidential information
7. Permitted Disclosures: Outlines circumstances where disclosure is permitted (e.g., to employees, legal advisors)
8. Term and Survival: Specifies duration of the agreement and which obligations survive termination
9. Return or Destruction of Information: Requirements for handling confidential information upon termination
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
1. Non-Solicitation: Prevents poaching of employees/clients, used when parties have access to sensitive relationship information
2. Intellectual Property Rights: Clarifies ownership of IP, particularly important when sharing technical or creative information
3. Data Privacy Compliance: Added when confidential information includes personal data subject to privacy laws
4. Export Control: Required when dealing with technical data subject to export control regulations
5. Competitive Restrictions: Limited non-compete provisions, used when sharing highly sensitive commercial information
6. Residual Knowledge: Addresses use of non-deliberate retained knowledge, important for consulting relationships
7. Third Party Beneficiaries: Include when affiliates or related entities need protection under the NDA
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule 3 - Security Protocols: Detailed security requirements and procedures for handling information
4. Schedule 4 - Disclosure Log: Template for recording authorized disclosures of confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template undertaking for employees or contractors who will access the information
Relevant legal definitions
Confidential Information
Authorised Purpose
Authorised Representatives
Business Day
Commencement Date
Confidentiality Undertaking
Disclosing Party
Recipient
Related Bodies Corporate
Representatives
Security Requirements
Term
Third Party Information
Permitted Disclosure
Personal Information
Trade Secrets
Intellectual Property Rights
Material
Moral Rights
Notice
Permitted Recipients
Professional Advisers
Purpose
Restricted Period
Security Breach
Disclosed Information
Group
Subsidiary
Holding Company
Associate
Authorised Purpose
Authorised Representatives
Business Day
Commencement Date
Confidentiality Undertaking
Disclosing Party
Recipient
Related Bodies Corporate
Representatives
Security Requirements
Term
Third Party Information
Permitted Disclosure
Personal Information
Trade Secrets
Intellectual Property Rights
Material
Moral Rights
Notice
Permitted Recipients
Professional Advisers
Purpose
Restricted Period
Security Breach
Disclosed Information
Group
Subsidiary
Holding Company
Associate
Clauses
Interpretation
Definitions
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Security Measures
Return of Information
Term and Termination
Survival
Intellectual Property
Data Privacy
Breach and Remedies
Indemnification
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Variation
Notices
Counterparts
Third Party Rights
Waiver
Costs
Non-Solicitation
Residual Knowledge
Compliance with Laws
Electronic Execution
Definitions
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Security Measures
Return of Information
Term and Termination
Survival
Intellectual Property
Data Privacy
Breach and Remedies
Indemnification
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Variation
Notices
Counterparts
Third Party Rights
Waiver
Costs
Non-Solicitation
Residual Knowledge
Compliance with Laws
Electronic Execution
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Real Estate
Retail
Energy
Mining
Telecommunications
Research and Development
Biotechnology
Construction
Media and Entertainment
Relevant Teams
Legal
Executive Leadership
Business Development
Research and Development
Operations
Finance
Strategy
Procurement
Corporate Development
Information Technology
Innovation
Commercial Operations
Risk Management
Compliance
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
General Counsel
Commercial Director
Business Development Manager
Project Manager
Research Director
Head of Strategy
Operations Manager
Procurement Manager
Investment Manager
Corporate Development Director
Technical Director
Innovation Manager
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