Non Disclosure Non Solicitation Agreement Template for Australia

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Key Requirements PROMPT example:

Non Disclosure Non Solicitation Agreement

"I need a Non-Disclosure Non-Solicitation Agreement for a technology startup entering into discussions with potential investors in March 2025, with special focus on protecting our AI algorithms and preventing poaching of our development team."

Document background

The Non-Disclosure Non-Solicitation Agreement is essential for Australian businesses seeking to protect their confidential information and maintain stable business relationships. This document is typically used when parties need to share sensitive information for potential business opportunities while ensuring protection against both information misuse and potential poaching of employees or clients. It combines standard confidentiality provisions with non-solicitation clauses, all structured to comply with Australian law, including the Competition and Consumer Act 2010 (Cth) and relevant state-specific legislation. The agreement is particularly valuable in business negotiations, potential partnerships, or when engaging with contractors who will have access to sensitive information and business relationships.

Suggested Sections

1. Parties: Identifies and defines the parties entering into the agreement, including their legal names, ACN/ABN, and registered addresses

2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Prohibited Activities', and 'Restricted Period'

4. Confidentiality Obligations: Details the obligations regarding confidential information, including use, storage, protection, and permitted disclosures

5. Non-Solicitation Covenants: Specifies restrictions on soliciting employees, customers, suppliers, and other business relationships

6. Duration and Territory: Defines the time period and geographic scope for both confidentiality and non-solicitation obligations

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

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

9. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and severability

Optional Sections

1. Security Measures: Specific technical and organizational measures required for protecting confidential information, particularly relevant for agreements involving sensitive data or regulated industries

2. Intellectual Property Rights: Additional provisions regarding ownership and protection of IP rights, useful when confidential information includes patentable inventions or trade secrets

3. Permitted Disclosures: Detailed provisions about circumstances where disclosure is permitted, particularly relevant for regulated industries or when dealing with government entities

4. Survival: Specific provisions about which obligations survive termination and for how long, important for long-term business relationships

5. Assignment and Novation: Provisions regarding the ability to transfer rights and obligations, particularly relevant for corporate groups or potential M&A situations

6. Data Privacy Compliance: Specific provisions addressing compliance with privacy laws, particularly relevant when confidential information includes personal data

7. Force Majeure: Provisions addressing extraordinary events affecting compliance, particularly relevant in long-term agreements

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential under the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive or handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information

4. Schedule 4 - Restricted Entities: List of specific competitors or entities covered by non-solicitation provisions

5. Schedule 5 - Excluded Information: List of information explicitly excluded from confidentiality obligations

6. Appendix A - Acknowledgment Form: Form for employees or representatives to acknowledge confidentiality obligations

7. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of 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

Professional Services

Healthcare

Financial Services

Manufacturing

Research & Development

Biotechnology

Retail

Telecommunications

Energy

Media & Entertainment

Education

Real Estate

Construction

Mining & Resources

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research & Development

Information Technology

Operations

Finance

Procurement

Sales

Corporate Development

Compliance

Strategic Planning

Innovation

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Human Resources Director

Legal Counsel

Chief Technology Officer

Project Manager

Research Director

Chief Financial Officer

Operations Manager

Sales Director

Procurement Manager

Strategic Partnership Manager

Innovation Manager

Compliance Officer

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