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Non Disclosure Agreement Data Protection

Non Disclosure Agreement Data Protection Template for Australia

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Key Requirements PROMPT example:

Non Disclosure Agreement Data Protection

"I need a Non Disclosure Agreement Data Protection document for my healthcare software company based in Sydney, to be used with our external IT consultants who will have access to patient data and our proprietary algorithms starting March 2025."

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Document background
This Non Disclosure Agreement Data Protection document is essential for Australian businesses and organizations that share sensitive information and personal data with third parties. It combines traditional NDA provisions with comprehensive data protection requirements, making it particularly relevant in today's digital business environment. The agreement is designed to comply with Australian privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles, while providing robust protection for confidential business information. It is commonly used when engaging service providers, consultants, or business partners who will have access to personal information or sensitive data, and includes specific provisions for data security, breach notification, and compliance with Australian privacy regulations. The document is especially crucial for organizations subject to privacy law obligations or those handling significant amounts of personal or sensitive information.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including ABN/ACN for companies

2. Background: Context of the agreement, relationship between parties, and purpose of information sharing

3. Definitions: Definitions of key terms including Confidential Information, Personal Information, Data Protection Laws, Permitted Purpose

4. Scope and Purpose: Detailed description of the permitted uses of confidential information and personal data

5. Confidentiality Obligations: Core confidentiality requirements and restrictions on use and disclosure

6. Data Protection Obligations: Compliance with Privacy Act and APPs, data security measures, breach notification requirements

7. Security Measures: Required technical and organizational measures to protect confidential information and personal data

8. Breach Notification: Procedures for reporting and handling data breaches and confidentiality breaches

9. Return or Destruction: Requirements for handling confidential information and personal data upon termination

10. Term and Termination: Duration of obligations and circumstances for termination

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

Optional Sections

1. International Data Transfers: Required when personal information may be transferred outside Australia

2. Specific Data Types: Additional provisions for sensitive information or special categories of personal data

3. Subcontractor Obligations: Required when either party may engage subcontractors to process information

4. Audit Rights: Optional provisions for audit and inspection rights regarding data protection measures

5. Insurance Requirements: Specific insurance obligations for data protection and cyber liability

6. Competing Activities: Restrictions on competing activities, if relevant to the business relationship

7. Publicity: Provisions regarding public announcements or references to the relationship

Suggested Schedules

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

2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required

3. Schedule 3 - Approved Subcontractors: List of pre-approved subcontractors (if applicable)

4. Appendix A - Data Processing Details: Details of personal information processing activities

5. Appendix B - Breach Response Plan: Detailed procedures for handling data and confidentiality breaches

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Confidential Information
Personal Information
Sensitive Information
Data Protection Laws
Australian Privacy Principles
Privacy Laws
Permitted Purpose
Authorised Recipients
Business Day
Commencement Date
Data Breach
Security Incident
Notifiable Data Breach
Processing
Data Controller
Data Processor
Representatives
Security Requirements
Confidentiality Obligations
Third Party
Related Body Corporate
Privacy Commissioner
Disclosed Information
Derived Information
Information Security Program
Permitted Disclosures
Data Protection Impact Assessment
Technical and Organizational Measures
Compliance Requirements
Term
Exit Plan
Personnel
Subcontractor
Intellectual Property Rights
Force Majeure Event
Privacy Impact Assessment
Cross-border Transfer
Relevant Industries

Technology

Healthcare

Financial Services

Professional Services

Education

Telecommunications

Government

Research & Development

Manufacturing

Retail

Consulting

Legal Services

Cloud Computing

Data Analytics

Insurance

Relevant Teams

Legal

Compliance

Information Security

Privacy

Risk Management

Information Technology

Procurement

Operations

Human Resources

Data Management

Information Management

Corporate Services

Business Development

Project Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

IT Security Manager

Chief Information Security Officer

Privacy Manager

Risk Manager

Procurement Manager

Contract Manager

Business Development Manager

Chief Technology Officer

Information Management Officer

Operations Manager

Project Manager

Human Resources Director

Industries
Privacy Act 1988 (Cth): Federal legislation that regulates the handling of personal information about individuals, including collection, use, storage, and disclosure of personal data. Includes the Australian Privacy Principles (APPs).
Corporations Act 2001 (Cth): Relevant for corporate governance and directors' duties regarding confidential information, especially when the NDA involves corporate entities.
Competition and Consumer Act 2010 (Cth): Contains provisions about unfair contract terms and restrictive trade practices, which may affect NDA terms.
Electronic Transactions Act 1999 (Cth): Governs electronic signatures and the validity of electronic transactions, relevant for digital execution of NDAs.
Fair Trading Acts (State-specific): State-based legislation governing fair trading practices and contract terms, which vary by jurisdiction but affect the enforceability of NDAs.
Notifiable Data Breaches (NDB) Scheme: Part of the Privacy Act requiring organizations to notify individuals and the Commissioner of eligible data breaches.
Common Law Principles of Confidentiality: Case law principles governing confidential information and trade secrets, fundamental to NDA enforcement.
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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