This Non-Disclosure and Non-Solicitation Agreement is designed for use in business relationships where parties need to share sensitive information while protecting their business interests under Australian law. It is particularly relevant when entities are exploring potential business relationships, partnerships, or transactions that require disclosure of confidential information. The agreement addresses both the protection of confidential information and the prevention of solicitation of employees, clients, or business relationships, incorporating provisions that comply with Australian competition law, employment law, and common law principles. It is commonly used in situations such as business negotiations, due diligence processes, joint ventures, or service provider relationships where protection of both information and business relationships is crucial.
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1. Parties: Identifies and defines the parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms including Confidential Information, Permitted Purpose, Representatives, etc.
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed
6. Non-Solicitation Obligations: Restrictions on soliciting employees, customers, or business relationships
7. Duration: Term of the agreement and survival of obligations
8. Security Measures: Required procedures for protecting confidential information
9. Return or Destruction of Information: Obligations regarding confidential information upon termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP ownership and licenses - include when confidential information includes IP
2. Data Protection Compliance: Specific obligations regarding personal data protection - include when handling personal information
3. Competitive Activities: Additional restrictions on competitive activities - include for more comprehensive business protection
4. Assignment and Subcontracting: Rules for transferring rights or obligations - include for complex commercial relationships
5. Insurance Requirements: Obligations to maintain specific insurance coverage - include for high-risk information
6. Audit Rights: Rights to audit compliance - include for highly sensitive information or regulated industries
7. Force Majeure: Provisions for unforeseen circumstances - include for long-term agreements
1. Schedule 1 - Confidential Information: Detailed list or categories of protected confidential information
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule 3 - Security Protocols: Detailed security procedures and requirements
4. Schedule 4 - Restricted Entities: List of specific competitors or entities covered by non-solicitation
5. Appendix A - Notification Requirements: Procedures for mandatory notifications of disclosure or breach
6. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Confidential Information
Permitted Purpose
Permitted Recipients
Representatives
Disclosing Party
Recipient
Group Companies
Related Bodies Corporate
Restricted Period
Restricted Activities
Trade Secrets
Intellectual Property Rights
Business Day
Contact
Personnel
Customer
Supplier
Protected Business
Solicitation
Confidentiality Obligations
Non-Solicitation Obligations
Effective Date
Term
Authorised Disclosure
Security Requirements
Excluded Information
Notice
Material Breach
Permitted Purpose
Permitted Recipients
Representatives
Disclosing Party
Recipient
Group Companies
Related Bodies Corporate
Restricted Period
Restricted Activities
Trade Secrets
Intellectual Property Rights
Business Day
Contact
Personnel
Customer
Supplier
Protected Business
Solicitation
Confidentiality Obligations
Non-Solicitation Obligations
Effective Date
Term
Authorised Disclosure
Security Requirements
Excluded Information
Notice
Material Breach
Clauses
Confidentiality
Non-Solicitation
Non-Disclosure
Information Protection
Permitted Use
Return of Information
Data Protection
Security Measures
Non-Circumvention
Duration
Survival
Remedies
Indemnification
Dispute Resolution
Governing Law
Jurisdiction
Assignment
Severability
Entire Agreement
Amendment
Notice
Force Majeure
Counterparts
Third Party Rights
Waiver
Termination
Non-Solicitation
Non-Disclosure
Information Protection
Permitted Use
Return of Information
Data Protection
Security Measures
Non-Circumvention
Duration
Survival
Remedies
Indemnification
Dispute Resolution
Governing Law
Jurisdiction
Assignment
Severability
Entire Agreement
Amendment
Notice
Force Majeure
Counterparts
Third Party Rights
Waiver
Termination
Relevant Industries
Technology
Financial Services
Healthcare
Professional Services
Manufacturing
Research & Development
Biotechnology
Mining & Resources
Retail
Education
Telecommunications
Media & Entertainment
Construction
Energy
Legal Services
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research & Development
Information Technology
Finance
Operations
Procurement
Risk & Compliance
Intellectual Property
Corporate Development
Strategic Planning
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Human Resources Director
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Procurement Manager
Chief Financial Officer
Operations Manager
Strategic Planning Director
Intellectual Property Manager
Risk Management Officer
Commercial Director
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