The Mutual Confidentiality And Non Circumvention Agreement is essential for businesses operating in Australia who need to protect sensitive information while exploring potential business relationships. This document is particularly useful during preliminary business discussions, due diligence processes, or when considering joint ventures or partnerships. It combines traditional confidentiality provisions with specific non-circumvention clauses that prevent parties from bypassing each other to deal directly with their business contacts, suppliers, or customers. The agreement complies with Australian federal and state laws, including the Privacy Act 1988 (Cth) and relevant common law principles, while providing flexible yet robust protection for business interests. It is commonly used in situations where parties need to share sensitive commercial, technical, or strategic information while maintaining control over how that information is used and ensuring business relationships are respected.
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1. Parties: Identification of all parties entering into the agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Confidential Information: Definition and scope of what constitutes confidential information
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Non-Circumvention Obligations: Obligations not to bypass or circumvent the other party in business dealings
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed
8. Security Measures: Required measures to protect confidential information
9. Return or Destruction of Confidential Information: Obligations regarding confidential information upon termination
10. Term and Termination: Duration of the agreement and termination provisions
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Intellectual Property Rights: Specific provisions regarding IP rights when the confidential information includes IP
2. Non-Solicitation: Provisions preventing parties from soliciting each other's employees or clients
3. Specific Project Terms: Used when the agreement relates to a specific project or transaction
4. Digital Security Measures: Specific provisions for digital storage and transmission of confidential information
5. International Transfer of Data: Provisions for cross-border transfer of confidential information
6. Competition Law Compliance: Specific provisions ensuring compliance with competition laws
7. Force Majeure: Provisions for unforeseen circumstances affecting confidentiality obligations
1. Schedule 1 - Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols to be followed
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted use of confidential information
5. Appendix A - Notice Details: Contact details and procedures for notices under the agreement
Relevant legal definitions
Affiliate
Agreement
Authorized Personnel
Business Day
Business Opportunity
Business Relationship
Commencement Date
Confidential Information
Disclosing Party
Existing Relationships
Information
Intellectual Property Rights
Non-Circumvention Obligation
Notice
Permitted Purpose
Permitted Recipients
Protected Party
Receiving Party
Related Body Corporate
Representatives
Security Measures
Sensitive Information
Term
Territory
Third Party
Trade Secrets
Unauthorized Disclosure
Agreement
Authorized Personnel
Business Day
Business Opportunity
Business Relationship
Commencement Date
Confidential Information
Disclosing Party
Existing Relationships
Information
Intellectual Property Rights
Non-Circumvention Obligation
Notice
Permitted Purpose
Permitted Recipients
Protected Party
Receiving Party
Related Body Corporate
Representatives
Security Measures
Sensitive Information
Term
Territory
Third Party
Trade Secrets
Unauthorized Disclosure
Clauses
Confidentiality
Non-Circumvention
Information Security
Permitted Use
Permitted Disclosure
Return of Information
Non-Solicitation
Term and Duration
Breach and Remedies
Indemnification
Intellectual Property
Representations and Warranties
Assignment
Variation
Severability
Entire Agreement
Notices
Governing Law
Dispute Resolution
Force Majeure
Costs
Counterparts
Relationship of Parties
Termination
Survival
Non-Circumvention
Information Security
Permitted Use
Permitted Disclosure
Return of Information
Non-Solicitation
Term and Duration
Breach and Remedies
Indemnification
Intellectual Property
Representations and Warranties
Assignment
Variation
Severability
Entire Agreement
Notices
Governing Law
Dispute Resolution
Force Majeure
Costs
Counterparts
Relationship of Parties
Termination
Survival
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Real Estate
Mining and Resources
Biotechnology
Retail
Education
Construction
Energy
Telecommunications
Research and Development
Entertainment and Media
Relevant Teams
Legal
Business Development
Executive Leadership
Operations
Research and Development
Commercial
Procurement
Strategic Planning
Finance
Information Technology
Compliance
Corporate Development
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Chief Financial Officer
Operations Director
Project Manager
Research Director
Commercial Manager
Procurement Manager
Strategic Partnerships Manager
Innovation Manager
Investment Manager
Managing Director
Chief Technology Officer
Compliance Officer
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