The Non-Disclosure Waiver is essential in Australian business transactions where parties need to share sensitive information while maintaining specific control over its use and disclosure. This document is particularly relevant when standard NDAs require modification to allow certain disclosures or uses that would otherwise be prohibited. The agreement combines traditional confidentiality protections with carefully crafted waivers, ensuring compliance with Australian contract law, privacy legislation, and commercial practices. It's commonly used in business negotiations, employment relationships, corporate transactions, and strategic partnerships where parties need to balance information protection with operational flexibility. The document typically specifies the nature of confidential information, permitted disclosures, waiver conditions, and consequences of unauthorized disclosure, all within the framework of Australian legal requirements.
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1. Parties: Identifies and provides full details of all parties to the agreement, including ABN/ACN for companies
2. Background: Explains 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, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Details the core obligations to maintain confidentiality and not disclose protected information
5. Permitted Uses and Disclosures: Specifies allowed uses of confidential information and circumstances under which disclosure is permitted
6. Security Measures: Outlines required security measures for protecting confidential information
7. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Used when confidential information includes IP that needs specific protection provisions
2. Representatives and Third Parties: Required when the receiving party needs to share information with employees, advisors, or other third parties
3. Competing Activities: Include when there's a need to restrict the receiving party from competing activities
4. Data Privacy Compliance: Required when confidential information includes personal data subject to privacy laws
5. Export Control: Include when information may be subject to international transfer restrictions
6. Publicity and Announcements: Used when there's a need to control public statements about the relationship
7. Insurance Requirements: Include when specific insurance coverage is required for handling sensitive information
1. Schedule 1 - Description of Confidential Information: Detailed list and description of specific confidential information covered
2. Schedule 2 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
3. Schedule 3 - Security Protocols: Specific security measures and procedures required for protecting information
4. Appendix A - Authorized Representatives: List of authorized representatives who may access confidential information
5. Appendix B - Disclosure Log: Template for recording authorized disclosures of confidential information
Relevant legal definitions
Confidential Information
Permitted Purpose
Permitted Disclosures
Waiver Conditions
Authorized Representatives
Business Day
Disclosing Party
Receiving Party
Related Bodies Corporate
Representatives
Affiliate
Confidentiality Period
Excluded Information
Intellectual Property Rights
Material Breach
Notice
Personal Information
Professional Advisers
Security Measures
Trade Secrets
Waiver Rights
Consequential Loss
Disclosure Log
Effective Date
Permitted Users
Third Party Recipients
Permitted Purpose
Permitted Disclosures
Waiver Conditions
Authorized Representatives
Business Day
Disclosing Party
Receiving Party
Related Bodies Corporate
Representatives
Affiliate
Confidentiality Period
Excluded Information
Intellectual Property Rights
Material Breach
Notice
Personal Information
Professional Advisers
Security Measures
Trade Secrets
Waiver Rights
Consequential Loss
Disclosure Log
Effective Date
Permitted Users
Third Party Recipients
Clauses
Confidentiality Obligations
Permitted Use
Waiver Provisions
Information Protection
Disclosure Requirements
Return of Information
Non-Solicitation
Term and Termination
Intellectual Property
Security Measures
Breach and Remedies
Indemnification
Assignment
Severability
Governing Law
Jurisdiction
Force Majeure
Entire Agreement
Amendment and Modification
Notices
Third Party Rights
Data Privacy
Survival
Counterparts
Permitted Use
Waiver Provisions
Information Protection
Disclosure Requirements
Return of Information
Non-Solicitation
Term and Termination
Intellectual Property
Security Measures
Breach and Remedies
Indemnification
Assignment
Severability
Governing Law
Jurisdiction
Force Majeure
Entire Agreement
Amendment and Modification
Notices
Third Party Rights
Data Privacy
Survival
Counterparts
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research & Development
Entertainment & Media
Mining & Resources
Retail & Consumer Goods
Education
Biotechnology
Real Estate
Construction
Energy
Relevant Teams
Legal
Human Resources
Executive Leadership
Research & Development
Business Development
Information Technology
Finance
Operations
Procurement
Compliance
Innovation
Strategic Planning
Corporate Development
Relevant Roles
Chief Executive Officer
Legal Counsel
Business Development Manager
Human Resources Director
Chief Technology Officer
Project Manager
Research Director
Investment Manager
Operations Manager
Procurement Manager
Chief Financial Officer
Compliance Officer
Innovation Director
Strategic Partnership Manager
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