This Unilateral NDA template is designed for use in situations where one party (the Disclosing Party) needs to share confidential information with another party (the Receiving Party) under Australian law. The document is particularly useful in business negotiations, potential partnerships, vendor relationships, or consulting arrangements where sensitive information needs to be shared. It includes comprehensive definitions of confidential information, clear obligations for the receiving party, and specific provisions for enforcement under Australian jurisdiction. The agreement addresses requirements under the Privacy Act 1988 (Cth) and relevant common law principles, making it suitable for both domestic and international parties operating under Australian law. This template should be used when one-way disclosure of confidential information is anticipated, as opposed to mutual information sharing which would require a bilateral NDA.
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1. Parties: Identifies the disclosing party and receiving party, including full legal names and addresses
2. Background: Explains the context and purpose of the NDA, including the nature of the business relationship
3. Definitions: Defines key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Disclosure of Confidential Information: Describes the scope and nature of confidential information to be disclosed
5. Obligations of Confidentiality: Details the receiving party's obligations to maintain confidentiality and permitted uses of the information
6. Security Measures: Specifies required security measures for protecting confidential information
7. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Breach and Remedies: Outlines consequences of breach and available remedies
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Include when confidential information may contain patentable inventions or other IP rights
2. Representatives and Third Parties: Include when the receiving party needs to share information with employees or advisors
3. Export Control: Include when dealing with international parties or technology subject to export controls
4. Data Privacy Compliance: Include when confidential information includes personal data
5. Publicity and Non-Disclosure of Relationship: Include when parties wish to keep their relationship confidential
6. Exceptions to Confidentiality: Include when specific carve-outs beyond standard exceptions are needed
7. Notice Requirements: Include when specific notification procedures are required for certain events
8. Insurance Requirements: Include when receiving party must maintain specific insurance coverage
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential 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 handling confidential information
4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge their confidentiality obligations
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Permitted Purpose
Representatives
Affiliate
Business Day
Effective Date
Term
Authorised Recipients
Confidentiality Obligations
Disclosing Party's Business
Intellectual Property Rights
Personal Information
Security Breach
Trade Secrets
Permitted Disclosure
Related Body Corporate
Third Party Information
Excluded Information
Disclosing Party
Receiving Party
Permitted Purpose
Representatives
Affiliate
Business Day
Effective Date
Term
Authorised Recipients
Confidentiality Obligations
Disclosing Party's Business
Intellectual Property Rights
Personal Information
Security Breach
Trade Secrets
Permitted Disclosure
Related Body Corporate
Third Party Information
Excluded Information
Clauses
Confidentiality
Permitted Use
Information Protection
Term and Termination
Return of Information
Non-Disclosure
Breach and Remedies
Security Measures
Notice Requirements
Representatives Obligations
Intellectual Property
Exceptions to Confidentiality
Survival
Governing Law
Jurisdiction
Assignment
Severability
Entire Agreement
Amendment
Force Majeure
Data Privacy
Indemnification
Dispute Resolution
Third Party Rights
Waiver
Permitted Use
Information Protection
Term and Termination
Return of Information
Non-Disclosure
Breach and Remedies
Security Measures
Notice Requirements
Representatives Obligations
Intellectual Property
Exceptions to Confidentiality
Survival
Governing Law
Jurisdiction
Assignment
Severability
Entire Agreement
Amendment
Force Majeure
Data Privacy
Indemnification
Dispute Resolution
Third Party Rights
Waiver
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research & Development
Biotechnology
Real Estate
Mining & Resources
Education
Retail
Media & Entertainment
Telecommunications
Energy
Construction
Relevant Teams
Legal
Business Development
Executive Leadership
Research & Development
Procurement
Human Resources
Finance
Operations
Compliance
Innovation
Corporate Development
Information Technology
Strategy
Commercial
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Chief Technology Officer
Project Manager
Research Director
Investment Manager
Procurement Manager
Human Resources Director
Chief Financial Officer
Operations Manager
Compliance Officer
Strategy Consultant
Product Manager
Innovation Director
Commercial Manager
Corporate Development Executive
Intellectual Property Manager
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