The Proprietary Information Agreement is essential for business relationships where confidential or sensitive information needs to be shared between parties. It is commonly used in Australia before beginning negotiations, entering into business relationships, or engaging in joint ventures where proprietary information must be protected. The agreement ensures compliance with Australian legal requirements, including the Privacy Act 1988 (Cth) and relevant common law principles governing confidential information. It typically covers various types of confidential information including trade secrets, technical data, business strategies, customer information, and intellectual property. This document is particularly crucial in the Australian business environment where protection of confidential information is governed by a combination of statutory and common law principles.
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1. Parties: Identifies and provides details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines key terms including 'Confidential Information', 'Authorized Purpose', 'Representatives', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and permitted uses of confidential information
5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and to whom
6. Protection Measures: Details the security measures required to protect confidential information
7. Return or Destruction: Requirements for handling confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Additional provisions for compliance with privacy laws when confidential information includes personal data
2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP
3. Export Control: Requirements for international transfer of confidential information
4. Residual Knowledge: Provisions regarding use of non-confidential general knowledge gained
5. Competing Business: Restrictions on involvement with competing businesses
6. Insurance Requirements: Specific insurance requirements for handling sensitive information
7. Audit Rights: Rights to audit compliance with confidentiality obligations
1. Schedule 1 - Description of Confidential Information: Detailed description or categories of information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for different types of confidential information
4. Schedule 4 - Approved Purpose: 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
Relevant legal definitions
Confidential Information
Authorized Purpose
Authorized Representatives
Business Day
Disclosing Party
Receiving Party
Representatives
Permitted Disclosures
Related Body Corporate
Affiliate
Control
Effective Date
Term
Personal Information
Proprietary Information
Trade Secrets
Intellectual Property Rights
Security Requirements
Confidentiality Obligations
Excluded Information
Government Agency
Notice
Material Breach
Necessary Purpose
Permitted Users
Third Party
Derivative Information
Residual Information
Designated Contact Person
Secure Storage System
Authorized Purpose
Authorized Representatives
Business Day
Disclosing Party
Receiving Party
Representatives
Permitted Disclosures
Related Body Corporate
Affiliate
Control
Effective Date
Term
Personal Information
Proprietary Information
Trade Secrets
Intellectual Property Rights
Security Requirements
Confidentiality Obligations
Excluded Information
Government Agency
Notice
Material Breach
Necessary Purpose
Permitted Users
Third Party
Derivative Information
Residual Information
Designated Contact Person
Secure Storage System
Clauses
Confidentiality
Non-Disclosure
Information Security
Data Protection
Return of Information
Permitted Use
Term and Termination
Breach and Enforcement
Indemnification
Representations and Warranties
Governing Law
Dispute Resolution
Force Majeure
Assignment
Notice
Severability
Entire Agreement
Amendment
Waiver
Survival
Third Party Rights
Remedies
Injunctive Relief
Counterparts
Electronic Execution
Non-Disclosure
Information Security
Data Protection
Return of Information
Permitted Use
Term and Termination
Breach and Enforcement
Indemnification
Representations and Warranties
Governing Law
Dispute Resolution
Force Majeure
Assignment
Notice
Severability
Entire Agreement
Amendment
Waiver
Survival
Third Party Rights
Remedies
Injunctive Relief
Counterparts
Electronic Execution
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research and Development
Biotechnology
Telecommunications
Energy
Mining
Retail
Real Estate
Education
Media and Entertainment
Construction
Relevant Teams
Legal
Compliance
Human Resources
Research and Development
Business Development
Executive Leadership
Procurement
Information Technology
Finance
Operations
Corporate Development
Intellectual Property
Contract Management
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Compliance Officer
Business Development Manager
Project Manager
Research Director
Human Resources Director
Chief Technology Officer
Chief Financial Officer
Operations Manager
Procurement Manager
Contract Administrator
Innovation Manager
Strategic Partnership Manager
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