Non Competition Non Solicitation And Confidentiality Agreement Template for Australia

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Key Requirements PROMPT example:

Non Competition Non Solicitation And Confidentiality Agreement

"I need a Non Competition Non Solicitation And Confidentiality Agreement for a senior software developer who will have access to our proprietary AI algorithms and customer data; the agreement should be particularly strong on protecting our intellectual property and preventing them from joining our direct competitors in the Australian tech sector for 12 months after leaving."

Document background

The Non Competition Non Solicitation And Confidentiality Agreement is essential for Australian businesses seeking to protect their legitimate interests, intellectual property, and market position. This document is typically used when engaging employees or contractors who will have access to sensitive information, valuable client relationships, or trade secrets. It complies with Australian federal and state legislation, including the Competition and Consumer Act 2010 and relevant state-specific restraint of trade laws. The agreement includes carefully drafted restrictions on post-employment competition, client and employee solicitation, and the use of confidential information, with provisions tailored to be reasonable and enforceable under Australian law. It is particularly relevant in today's highly competitive business environment where employee mobility and information protection are crucial concerns.

Suggested Sections

1. Parties: Identifies and defines the contracting parties

2. Background: Sets out the context and purpose of the agreement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Confidentiality Obligations: Details the obligations regarding confidential information, including definition of confidential information, use restrictions, and security measures

5. Non-Competition Obligations: Specifies the scope, duration, and geographic limitations of non-compete restrictions

6. Non-Solicitation Obligations: Details restrictions on soliciting employees, customers, and business relationships

7. Duration of Obligations: Specifies the time periods for confidentiality, non-compete, and non-solicitation obligations

8. Return of Confidential Information: Procedures for returning or destroying confidential information upon request or termination

9. Breach and Remedies: Outlines consequences of breach and available remedies including injunctive relief

10. Severability: Provides for survival of agreement if certain provisions are found unenforceable

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

Optional Sections

1. Special Industry Requirements: Additional provisions specific to regulated industries (e.g., financial services, healthcare)

2. Independent Contractor Provisions: Special provisions when the agreement applies to contractors rather than employees

3. Intellectual Property Rights: Additional provisions regarding IP ownership and protection when relevant to the relationship

4. International Operations: Special provisions for cross-border operations and international law compliance

5. Assignment and Succession: Provisions regarding transfer of rights and obligations, particularly relevant for corporate restructuring

6. Survival Clause: Specific provisions about which obligations survive termination of employment/engagement

7. Garden Leave: Provisions for paid leave during notice period to protect business interests

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential

2. Schedule 2 - Restricted Territory: Detailed description or map of geographic areas covered by non-compete provisions

3. Schedule 3 - Restricted Businesses: List of specific competitors or business types covered by restrictions

4. Schedule 4 - Protected Customers: List of customers or customer categories covered by non-solicitation provisions

5. Schedule 5 - Protected Employees: Categories of employees covered by non-solicitation provisions

6. Appendix A - Security Procedures: Specific procedures for handling and protecting confidential information

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

Technology

Financial Services

Professional Services

Healthcare

Manufacturing

Research and Development

Telecommunications

Retail

Pharmaceuticals

Consulting

Engineering

Software Development

Biotechnology

Media and Entertainment

Relevant Teams

Human Resources

Legal

Sales

Business Development

Research and Development

Executive Leadership

Information Technology

Product Development

Client Services

Operations

Marketing

Finance

Engineering

Strategy

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Sales Director

Account Manager

Senior Developer

Research Scientist

Business Development Manager

Technical Lead

Product Manager

Senior Consultant

Financial Advisor

Marketing Director

Head of Operations

Regional Manager

Software Engineer

Data Scientist

Client Relations Manager

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