This Confidentiality Agreement template is designed for use in Australia when parties need to share sensitive information while ensuring its protection and confidentiality. The agreement is commonly used in business negotiations, employment relationships, commercial transactions, and other situations where confidential information needs to be disclosed to another party. It incorporates key requirements under Australian law, including provisions compliant with the Privacy Act 1988 (Cth) and Australian common law principles of confidentiality. The document typically covers various types of confidential information including trade secrets, proprietary information, technical data, business strategies, customer information, and intellectual property. It is essential for protecting business interests and establishing clear obligations and responsibilities regarding the handling of sensitive information.
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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 relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information'
4. Scope of Confidential Information: Clearly describes what information is covered by the agreement
5. Obligations of Confidentiality: Details the core obligations to maintain confidentiality and permitted uses of the information
6. Security Measures: Specifies the required measures to protect confidential information
7. Term and Survival: Specifies how long the agreement lasts and which obligations survive termination
8. Return or Destruction of Information: Requirements for handling confidential information after the agreement ends
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments
1. Intellectual Property Rights: Clarifies ownership and rights regarding any intellectual property involved
2. Permitted Disclosures: Specifies circumstances where disclosure is allowed (e.g., to professional advisors or by court order)
3. Non-Solicitation: Prevents poaching of employees or clients, used when parties have access to sensitive relationship information
4. Representatives and Agents: Additional provisions when confidential information needs to be shared with employees or agents
5. Export Control: Required when dealing with international transfers of sensitive information
6. Data Privacy Compliance: Special provisions for compliance with privacy laws when personal information is involved
7. Competing Projects: Addresses whether the receiving party can work on similar projects
8. Marking Requirements: Specifies how confidential information should be marked or identified
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information
4. Appendix A - Notification Procedures: Procedures for reporting unauthorized disclosures or security breaches
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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