Confidentiality Agreement Financial Information Template for Australia

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Key Requirements PROMPT example:

Confidentiality Agreement Financial Information

"I need a Confidentiality Agreement Financial Information for sharing our company's financial forecasts and pricing models with a potential investor in Sydney, which needs to be compliant with ASX listing rules as we're a public company planning to close the deal by March 2025."

Document background

This Confidentiality Agreement Financial Information template is designed for use in Australian business contexts where parties need to share sensitive financial information while ensuring its confidentiality and security. It is particularly relevant for situations involving due diligence, mergers and acquisitions, financial advisory services, or other business transactions where detailed financial information needs to be disclosed. The agreement complies with Australian legal requirements, including the Corporations Act 2001, Privacy Act 1988, and relevant financial services regulations. It provides comprehensive protection for various types of financial information, including financial statements, projections, pricing models, customer financial data, and proprietary financial analysis. The document is structured to accommodate both one-way and mutual confidentiality obligations, depending on the nature of the information exchange.

Suggested Sections

1. Parties: Identifies and provides details of all parties to the agreement

2. Background: Explains the context and purpose of the agreement, including the nature of the financial information to be shared

3. Definitions: Defines key terms including 'Confidential Information', 'Financial Information', 'Authorized Purpose', 'Representatives'

4. Scope of Confidential Information: Specifies what constitutes confidential financial information under the agreement

5. Confidentiality Obligations: Details the core obligations to maintain confidentiality and permitted uses of the information

6. Permitted Disclosures: Outlines circumstances where disclosure is permitted and procedures for such disclosure

7. Security Measures: Specifies required security measures for protecting confidential information

8. Term and Survival: Specifies duration of the agreement and which obligations survive termination

9. Return or Destruction of Information: Procedures for handling confidential information after the agreement ends

10. Breach and Remedies: Consequences of breach and available remedies

11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Data Privacy Compliance: Additional section when personal information is involved, addressing Privacy Act compliance

2. International Transfer: Required when confidential information may be transferred outside Australia

3. Insider Trading Prevention: Required when information could constitute inside information under the Corporations Act

4. Regulatory Disclosure: Required when parties are subject to regulatory oversight requiring certain disclosures

5. Competitive Activities: Optional restrictions on competitive activities during the confidentiality period

6. Insurance Requirements: Optional requirements for insurance coverage related to data protection

7. Audit Rights: Optional provisions allowing audit of compliance with confidentiality obligations

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed description of the types of financial information covered

2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access the confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed

4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives/employees

5. Appendix B - Data Breach Response Plan: Procedures to be followed in case of a data breach

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Banking

Professional Services

Investment Management

Private Equity

Venture Capital

Corporate Advisory

Accounting

Insurance

Mergers & Acquisitions

Business Consulting

Real Estate Investment

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Corporate Development

Mergers & Acquisitions

Investment Banking

Financial Control

Due Diligence

Corporate Finance

Business Development

Relevant Roles

Chief Financial Officer

Financial Controller

Investment Manager

Corporate Lawyer

Compliance Officer

Due Diligence Manager

Investment Banker

Financial Analyst

Business Development Manager

Risk Manager

Treasury Manager

M&A Director

Private Equity Associate

Corporate Finance Manager

Financial Advisory Partner

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