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Electronic Confidentiality Agreement
"I need an Electronic Confidentiality Agreement under Australian law for a software development company sharing proprietary code with an offshore contractor, with specific provisions for secure cloud storage and remote access protocols."
1. Parties: Identification of all parties to the agreement, including full legal names and contact details
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Definitions of key terms including 'Confidential Information', 'Permitted Purpose', 'Authorised Recipients'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Uses and Disclosures: Circumstances under which confidential information may be used or disclosed
7. Security Measures: Required security measures for protecting electronic confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information
9. Electronic Storage and Transmission: Requirements for electronic storage, transmission, and handling of confidential information
10. Term and Survival: Duration of the agreement and provisions that survive termination
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Provisions clarifying ownership and protection of IP rights when confidential information includes IP
2. Data Privacy Compliance: Specific provisions for compliance with privacy laws when confidential information includes personal data
3. Third Party Disclosure: Additional provisions for cases where disclosure to third parties may be necessary
4. International Transfer of Data: Provisions for cross-border transfer of confidential information
5. Competing Projects: Provisions addressing involvement in competing projects or businesses
6. Residual Knowledge: Provisions regarding the use of residual knowledge acquired during the engagement
7. Force Majeure: Provisions for handling confidentiality obligations during force majeure events
8. Electronic Signature Compliance: Specific provisions ensuring compliance with electronic signature laws
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational security measures required
4. Schedule 4 - Approved Electronic Storage Systems: List of approved electronic systems for storing and transmitting confidential information
5. Appendix A - Data Handling Procedures: Step-by-step procedures for handling electronic confidential information
6. Appendix B - Incident Response Plan: Procedures for responding to data breaches or unauthorized disclosures
Authors
Electronic Form
Electronic Storage System
Electronic Transmission
Authorised Recipients
Authorised Purpose
Business Day
Commencement Date
Disclosing Party
Receiving Party
Representatives
Security Standards
Permitted Purpose
Access Credentials
Data Breach
Electronic Signature
Intellectual Property Rights
Notice
Personal Information
Related Body Corporate
Security Incident
Secure Electronic Format
Systems
Term
Third Party
Unauthorised Access
Digital Platform
Secure Communication Channel
Meta Data
Derivative Information
Non-Disclosure
Electronic Storage
Electronic Access
Data Security
Information Protection
Permitted Use
Return of Information
Data Breach
Electronic Execution
Term and Termination
Intellectual Property
Governing Law
Dispute Resolution
Force Majeure
Assignment
Third Party Rights
Notices
Entire Agreement
Severability
Privacy Compliance
Electronic Systems
Security Standards
Breach Notification
Remedies
Indemnification
Survival
Amendment
Counterparts
Waiver
Technology
Financial Services
Healthcare
Professional Services
Manufacturing
Research and Development
Biotechnology
Mining and Resources
Retail
Education
Media and Entertainment
Telecommunications
Legal Services
Energy
Construction
Legal
Information Technology
Information Security
Compliance
Risk Management
Executive Leadership
Business Development
Research and Development
Operations
Human Resources
Procurement
Data Protection
Corporate Development
Finance
Project Management
Chief Executive Officer
Chief Technology Officer
Chief Information Officer
Legal Counsel
Compliance Officer
Information Security Manager
Project Manager
Business Development Manager
Research Director
Contract Manager
Data Protection Officer
IT Security Specialist
Risk Manager
Operations Manager
Human Resources Director
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