Non Profit Non Disclosure Agreement Template for Australia

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Key Requirements PROMPT example:

Non Profit Non Disclosure Agreement

"I need a Non Profit Non Disclosure Agreement for our environmental charity to use with external consultants who will be reviewing our donor database and fundraising strategy during March 2025; the agreement should include specific provisions for protecting donor information and fundraising methodologies."

Document background

The Non Profit Non Disclosure Agreement is essential for Australian charitable organizations needing to protect sensitive information while maintaining their obligations under relevant legislation. This document is typically used when non-profits share confidential information with board members, volunteers, consultants, or partner organizations. It covers various types of sensitive information including donor details, beneficiary information, strategic plans, and operational methodologies. The agreement is drafted in compliance with Australian law, including the Australian Charities and Not-for-profits Commission Act 2012, Privacy Act 1988, and relevant state legislation. It balances the need for confidentiality with the transparency requirements often expected of charitable organizations, making it suitable for various non-profit scenarios while ensuring legal enforceability in Australian jurisdictions.

Suggested Sections

1. Parties: Identification of the parties, including the non-profit organization and the recipient of confidential information

2. Background: Context of the agreement, including the non-profit's activities and the purpose of sharing confidential information

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and specific non-profit related terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically including donor information, beneficiary details, and strategic plans

5. Permitted Use: Specific purposes for which the confidential information may be used, aligned with the non-profit's mission

6. Obligations of Confidentiality: Core confidentiality obligations and security measures required

7. Exceptions to Confidentiality: Standard exceptions plus specific provisions for statutory reporting requirements of non-profits

8. Return or Destruction of Information: Requirements for handling confidential information upon termination

9. Term and Termination: Duration of the agreement and circumstances for termination

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

Optional Sections

1. Volunteer and Board Member Provisions: Additional provisions for when the recipient is a volunteer or board member of the non-profit

2. Donor Information Protection: Specific provisions for protecting donor personal and financial information when relevant

3. Public Disclosure Requirements: Provisions addressing mandatory public disclosures required by charity regulators

4. Intellectual Property: Additional provisions for protecting IP specific to the non-profit's programs or methodologies

5. Data Privacy Compliance: Specific provisions for compliance with privacy laws when handling personal information

6. Third Party Disclosure: Provisions for sharing information with funding bodies, government agencies, or partner organizations

7. Emergency Disclosure: Provisions for disclosure in emergency situations involving beneficiaries or public safety

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement

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

3. Schedule 3 - Security Protocols: Specific security measures required for handling different types of confidential information

4. Appendix A - Acknowledgment Form: Form for additional parties or representatives to acknowledge and agree to the NDA terms

5. Appendix B - Compliance Checklist: Checklist for ensuring compliance with confidentiality obligations

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

Charitable Organizations

Healthcare

Education

Social Services

Environmental Conservation

Arts and Culture

Community Development

International Aid

Religious Organizations

Youth Services

Disability Services

Animal Welfare

Research and Development

Professional Services

Technology

Relevant Teams

Legal

Compliance

Board of Directors

Executive Leadership

Human Resources

Finance

Fundraising

Program Operations

Communications

Volunteer Management

Grant Management

Research

Data Protection

Strategic Planning

Partnership Development

Relevant Roles

Executive Director

Board Member

Volunteer Coordinator

Program Manager

Development Officer

Grant Writer

Finance Manager

Communications Director

Legal Counsel

HR Manager

Operations Manager

Research Coordinator

Fundraising Manager

Project Coordinator

Strategic Planning Director

Compliance Officer

Data Protection Officer

Partnership Manager

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