The Non Disclosure Non Disparagement Agreement is essential for protecting sensitive information and maintaining professional relationships in the Australian business context. It should be used when parties need to share confidential information while ensuring mutual respect and professional conduct. This document combines traditional NDA provisions with non-disparagement clauses, making it particularly valuable for employment terminations, business transactions, and professional engagements. The agreement complies with Australian privacy laws, defamation legislation, and whistleblower protections, while providing clear remedies for breach under Australian law. It's commonly used in corporate restructuring, senior executive arrangements, settlement agreements, and business negotiations where reputation management is crucial alongside confidentiality protection.
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1. Parties: Identifies and defines the parties entering into the agreement
2. Background: Explains the context and purpose of the agreement
3. Definitions: Defines key terms including 'Confidential Information', 'Disparagement', and other relevant terms
4. Confidentiality Obligations: Details the obligations regarding confidential information, including use, disclosure, and protection requirements
5. Exceptions to Confidentiality: Specifies circumstances where confidential information may be disclosed (e.g., legal requirements, public domain)
6. Non-Disparagement Obligations: Specifies the nature and scope of non-disparagement commitments
7. Term and Survival: Specifies the duration of the agreement and which provisions survive termination
8. Breach and Remedies: Outlines the consequences of breach and available remedies
9. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
10. Execution: Signature blocks and execution details
1. Return or Destruction of Confidential Information: Details requirements for returning or destroying confidential information - used when physical or electronic materials are involved
2. Security Measures: Specific security requirements for protecting confidential information - used for highly sensitive information or regulated industries
3. Third Party Rights: Addresses rights of third parties mentioned in or affected by the agreement - used when third party interests are involved
4. Whistleblower Protection: Explicit acknowledgment of whistleblower rights and protections - recommended for corporate contexts
5. Social Media Policy: Specific provisions regarding social media behavior - used when online presence is a concern
6. Dispute Resolution: Detailed dispute resolution procedures - used for high-value or complex relationships
1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Authorized Recipients: List of persons or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Acknowledgment Form: Form for authorized recipients to acknowledge their obligations
5. Appendix B - Return/Destruction Certificate: Certificate confirming return or destruction of confidential information
Relevant legal definitions
Confidential Information
Disparagement
Permitted Purpose
Authorised Recipients
Business Day
Commencement Date
Confidential Materials
Discloser
Recipient
Related Bodies Corporate
Representatives
Term
Trade Secrets
Intellectual Property Rights
Personal Information
Permitted Disclosures
Excluded Information
Security Requirements
Dispute
Force Majeure Event
Material Breach
Non-Public Information
Professional Standards
Public Domain
Social Media
Termination Date
Third Party Recipients
Unauthorised Disclosure
Whistleblower Rights
Working Hours
Proprietary Information
Governing Law
Jurisdiction
Consequences of Breach
Competitive Business
Associated Entities
Disparagement
Permitted Purpose
Authorised Recipients
Business Day
Commencement Date
Confidential Materials
Discloser
Recipient
Related Bodies Corporate
Representatives
Term
Trade Secrets
Intellectual Property Rights
Personal Information
Permitted Disclosures
Excluded Information
Security Requirements
Dispute
Force Majeure Event
Material Breach
Non-Public Information
Professional Standards
Public Domain
Social Media
Termination Date
Third Party Recipients
Unauthorised Disclosure
Whistleblower Rights
Working Hours
Proprietary Information
Governing Law
Jurisdiction
Consequences of Breach
Competitive Business
Associated Entities
Clauses
Parties and Interpretation
Definitions
Confidentiality Obligations
Non-Disparagement Obligations
Permitted Disclosures
Security Requirements
Return of Information
Intellectual Property
Term and Termination
Breach and Remedies
Injunctive Relief
Exceptions and Exclusions
Whistleblower Protection
Social Media and Public Statements
Dispute Resolution
Governing Law
Assignment and Delegation
Severability
Entire Agreement
Notices
Force Majeure
Variation
Waiver
Costs
Counterparts
Survival
Definitions
Confidentiality Obligations
Non-Disparagement Obligations
Permitted Disclosures
Security Requirements
Return of Information
Intellectual Property
Term and Termination
Breach and Remedies
Injunctive Relief
Exceptions and Exclusions
Whistleblower Protection
Social Media and Public Statements
Dispute Resolution
Governing Law
Assignment and Delegation
Severability
Entire Agreement
Notices
Force Majeure
Variation
Waiver
Costs
Counterparts
Survival
Relevant Industries
Technology
Financial Services
Healthcare
Professional Services
Manufacturing
Media and Entertainment
Retail
Education
Mining and Resources
Telecommunications
Biotechnology
Real Estate
Legal Services
Consulting
Relevant Teams
Legal
Human Resources
Executive Leadership
Board of Directors
Communications
Public Relations
Information Technology
Research and Development
Sales
Business Development
Operations
Finance
Product Development
Corporate Affairs
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Chief Financial Officer
Senior Manager
Project Manager
Research Director
Business Development Manager
Department Head
Executive Assistant
Communications Director
Sales Manager
IT Manager
Operations Manager
Board Director
Chief Technology Officer
Product Manager
Consultant
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