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Confidentiality Non Disclosure Agreement Form

Confidentiality Non Disclosure Agreement Form Template for Australia

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Key Requirements PROMPT example:

Confidentiality Non Disclosure Agreement Form

I need a Confidentiality Non Disclosure Agreement Form for my Australian technology startup to protect our software development intellectual property when engaging with potential investors and development partners from January 2025, with specific provisions for source code protection and data security protocols.

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Document background
This Confidentiality Non Disclosure Agreement Form is essential for Australian businesses and individuals who need to protect sensitive information during business discussions, negotiations, or commercial relationships. The document is designed to comply with Australian federal and state legislation, including the Privacy Act 1988 (Cth) and relevant corporate laws. It should be used whenever confidential information needs to be shared with external parties, employees, or contractors, and includes comprehensive provisions for defining confidential information, establishing security protocols, and outlining remedies for breach. The agreement is particularly relevant for business transactions, employment relationships, corporate partnerships, and professional service engagements where proprietary information, trade secrets, or sensitive data need protection.
Suggested Sections

1. Parties: Identifies and provides full details of all parties entering into the agreement

2. Background: Outlines the context and purpose of the agreement, including the nature of the relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Permitted Purpose', and 'Representatives'

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

5. Obligations of Confidentiality: Details the core confidentiality obligations, including non-use and non-disclosure requirements

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

7. Security Measures: Outlines required security measures for protecting confidential information

8. Term and Survival: Specifies the duration of the agreement and which obligations survive termination

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

10. Breach and Remedies: Outlines consequences of breach and available remedies

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

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights when the confidential information includes IP - used when IP is a significant component of the disclosed information

2. Non-Solicitation: Prevents poaching of employees or clients - relevant when parties have access to employee or client information

3. Non-Competition: Restricts competitive activities - used in situations where the disclosed information could provide competitive advantage

4. Data Protection and Privacy: Specific provisions for handling personal data - required when confidential information includes personal information under the Privacy Act

5. Export Control: Provisions for international data transfer restrictions - needed for cross-border information sharing

6. Publicity and Announcements: Controls over public statements about the relationship - useful for high-profile or sensitive commercial relationships

7. Insurance Requirements: Specific insurance obligations - relevant for high-value or high-risk information sharing

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of 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: Specific security measures and procedures required for information protection

4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used

5. Appendix A - Form of Confidentiality Undertaking: Template undertaking for representatives or third parties who need to access the confidential information

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

Manufacturing

Professional Services

Research and Development

Real Estate

Mining and Resources

Education

Retail

Media and Entertainment

Biotechnology

Construction

Energy

Telecommunications

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research and Development

Information Technology

Finance

Operations

Procurement

Sales

Compliance

Strategic Planning

Product Development

Corporate Communications

Investment Relations

Relevant Roles

Chief Executive Officer

Legal Counsel

Human Resources Manager

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Investment Manager

Operations Manager

Procurement Manager

Chief Financial Officer

Sales Director

Product Manager

Compliance Officer

Strategic Partnership Manager

Industries
Privacy Act 1988 (Cth): Federal law governing the handling of personal information by businesses, government agencies and organizations. Relevant for NDAs involving personal data protection and information handling requirements.
Corporations Act 2001 (Cth): Regulates corporate entities and includes provisions about directors' duties and corporate confidentiality obligations. Important for NDAs involving corporate information and trade secrets.
Competition and Consumer Act 2010 (Cth): Contains the Australian Consumer Law provisions which impact how confidentiality agreements must be fair and not unconscionable in their terms.
Contract Law - Common Law Principles: Australian contract law principles governing formation, enforcement, and remedies for breach of confidentiality agreements.
Equitable Principles of Confidentiality: Common law principles protecting confidential information and trade secrets, providing additional grounds for enforcement beyond contractual terms.
Fair Work Act 2009 (Cth): Relevant when NDAs are used in employment contexts, ensuring they don't conflict with workplace rights and obligations.
Copyright Act 1968 (Cth): Important when the confidential information includes copyrighted materials or intellectual property.
Evidence Act 1995 (Cth): Contains provisions about legal professional privilege and evidence of confidential communications, relevant for enforcement of NDAs.
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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