This Confidentiality Non Disclosure Agreement Form is essential for Australian businesses and individuals who need to protect sensitive information during business discussions, negotiations, or commercial relationships. The document is designed to comply with Australian federal and state legislation, including the Privacy Act 1988 (Cth) and relevant corporate laws. It should be used whenever confidential information needs to be shared with external parties, employees, or contractors, and includes comprehensive provisions for defining confidential information, establishing security protocols, and outlining remedies for breach. The agreement is particularly relevant for business transactions, employment relationships, corporate partnerships, and professional service engagements where proprietary information, trade secrets, or sensitive data need protection.
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1. Parties: Identifies and provides full details of all parties entering into the agreement
2. Background: Outlines 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, including 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Clearly specifies what information is considered confidential under the agreement
5. Obligations of Confidentiality: Details the core confidentiality obligations, including non-use and non-disclosure requirements
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and to whom
7. Security Measures: Outlines required security measures for protecting confidential information
8. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Breach and Remedies: Outlines consequences of breach and available remedies
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights when the confidential information includes IP - used when IP is a significant component of the disclosed information
2. Non-Solicitation: Prevents poaching of employees or clients - relevant when parties have access to employee or client information
3. Non-Competition: Restricts competitive activities - used in situations where the disclosed information could provide competitive advantage
4. Data Protection and Privacy: Specific provisions for handling personal data - required when confidential information includes personal information under the Privacy Act
5. Export Control: Provisions for international data transfer restrictions - needed for cross-border information sharing
6. Publicity and Announcements: Controls over public statements about the relationship - useful for high-profile or sensitive commercial relationships
7. Insurance Requirements: Specific insurance obligations - relevant for high-value or high-risk information sharing
1. Schedule 1 - Description of Confidential Information: Detailed list 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 procedures required for information protection
4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Form of Confidentiality Undertaking: Template undertaking for representatives or third parties who need to access the confidential information
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