The Information Disclosure Agreement is essential for business transactions and relationships where confidential information needs to be shared between parties. This document is particularly relevant in the Australian business context, where it must comply with federal legislation such as the Privacy Act 1988 (Cth) and state-specific privacy laws. It is commonly used in situations such as business negotiations, due diligence processes, employment relationships, contractor engagements, and potential business partnerships. The agreement covers various types of confidential information including trade secrets, proprietary technology, customer data, financial information, and business strategies. It provides legal protection by establishing clear obligations for handling sensitive information and specifying remedies for breach under Australian law.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, including the purpose for sharing confidential information and the relationship between the parties
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and other important concepts
4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and handling of confidential information
5. Permitted Use and Disclosure: Specific circumstances under which the confidential information may be used or disclosed
6. Security Requirements: Specific measures required to protect and secure the confidential information
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
9. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights in the confidential information, used when the information includes IP-sensitive material
2. Data Privacy Compliance: Specific obligations regarding personal data handling, required when confidential information includes personal data
3. Export Control: Provisions regarding international transfer of information, needed for cross-border arrangements
4. Competitive Activities: Restrictions on competitive activities, used when parties are competitors or in sensitive industries
5. Publicity: Restrictions on public announcements about the relationship, important for listed companies or sensitive commercial relationships
6. Information Security Standards: Detailed security standards and certifications required, used for highly sensitive information or regulated industries
1. Schedule 1 - Description of Confidential Information: Detailed description or categorization of the confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling the confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of the confidential information
5. Appendix A - Information Handling Procedures: Step-by-step procedures for handling, storing, and transmitting confidential information
6. Appendix B - Incident Response Plan: Procedures to follow in case of unauthorized disclosure or security breach
Relevant legal definitions
Confidential Information
Discloser
Recipient
Representatives
Permitted Purpose
Authorised Persons
Personal Information
Intellectual Property Rights
Related Body Corporate
Business Day
Confidentiality Obligations
Disclosure Notice
Trade Secrets
Security Requirements
Permitted Disclosures
Term
Material
Force Majeure Event
Subsidiary
Holding Company
Relevant Connection
Proprietary Information
Third Party Information
Excluded Information
Insider Information
Sensitive Information
Data
Identified Individual
Compliance Requirements
Associated Entity
Discloser
Recipient
Representatives
Permitted Purpose
Authorised Persons
Personal Information
Intellectual Property Rights
Related Body Corporate
Business Day
Confidentiality Obligations
Disclosure Notice
Trade Secrets
Security Requirements
Permitted Disclosures
Term
Material
Force Majeure Event
Subsidiary
Holding Company
Relevant Connection
Proprietary Information
Third Party Information
Excluded Information
Insider Information
Sensitive Information
Data
Identified Individual
Compliance Requirements
Associated Entity
Clauses
Confidentiality
Information Use
Information Security
Data Protection
Access Rights
Term and Termination
Return of Information
Non-Disclosure
Permitted Disclosures
Breach and Remedies
Privacy Compliance
Intellectual Property
Representatives and Employees
Notice Requirements
Governing Law
Dispute Resolution
Assignment
Third Party Rights
Force Majeure
Severability
Entire Agreement
Variation
Survival
Jurisdiction
Counterparts
Costs
Waiver
Security Breach Notification
Competition and Anti-Trust
Export Control
Information Use
Information Security
Data Protection
Access Rights
Term and Termination
Return of Information
Non-Disclosure
Permitted Disclosures
Breach and Remedies
Privacy Compliance
Intellectual Property
Representatives and Employees
Notice Requirements
Governing Law
Dispute Resolution
Assignment
Third Party Rights
Force Majeure
Severability
Entire Agreement
Variation
Survival
Jurisdiction
Counterparts
Costs
Waiver
Security Breach Notification
Competition and Anti-Trust
Export Control
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Research and Development
Biotechnology
Mining and Resources
Education
Telecommunications
Real Estate
Energy
Defense
Media and Entertainment
Retail
Relevant Teams
Legal
Human Resources
Information Technology
Research and Development
Business Development
Operations
Finance
Procurement
Compliance
Risk Management
Information Security
Corporate Development
Strategy
Innovation
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Human Resources Director
Research Director
Chief Technology Officer
Investment Manager
Procurement Manager
Chief Financial Officer
Operations Manager
Contract Administrator
Compliance Officer
Information Security Manager
Risk Manager
Strategic Partnership Director
Innovation Manager
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