Electronic Confidentiality Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
This Electronic Confidentiality Agreement is designed for use in situations where parties need to share confidential information primarily through electronic means in Australia. It is particularly relevant in today's digital business environment where most confidential information is stored, transmitted, and accessed electronically. The agreement complies with Australian federal and state electronic transactions laws, privacy regulations, and common law principles relating to confidential information. It includes specific provisions for electronic execution, secure storage, and transmission of confidential information, making it suitable for both domestic and international business relationships involving Australian entities. The document addresses modern business needs while ensuring legal enforceability under Australian law.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions
Relevant Industries

Technology

Financial Services

Healthcare

Professional Services

Manufacturing

Research and Development

Biotechnology

Mining and Resources

Retail

Education

Media and Entertainment

Telecommunications

Legal Services

Energy

Construction

Relevant Teams

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

Relevant Roles

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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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