Standard Confidentiality Agreement

Standard Confidentiality Agreement Template for Australia

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Key Requirements PROMPT example:

"I need a Standard Confidentiality Agreement for an Australian technology startup sharing sensitive software development information with potential investors, with special focus on protecting our intellectual property rights and source code."

Document background

This Standard Confidentiality Agreement is essential for businesses and individuals operating under Australian jurisdiction who need to protect sensitive information during business dealings. The agreement is typically used before entering into detailed business discussions, during due diligence processes, or when engaging with contractors, employees, or business partners. It ensures compliance with Australian legal requirements, including the Privacy Act 1988 (Cth), Corporations Act 2001 (Cth), and relevant common law principles. The document covers the definition of confidential information, obligations of parties, permitted uses, security measures, and consequences of breach, making it suitable for various commercial contexts while maintaining enforceability under Australian law.

Suggested Sections

1. Parties: Identifies and provides full details of all parties entering into the agreement

2. Background: Explains the context and purpose of the agreement, including the relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information'

4. Scope of Confidential Information: Clearly outlines what information is covered by the agreement

5. Confidentiality Obligations: Details the core obligations to maintain confidentiality and permitted uses of the information

6. Exclusions: Specifies information that is not considered confidential (e.g., public domain, independently developed)

7. Security Measures: Outlines required measures to protect confidential information

8. Term and Termination: Specifies the duration of the agreement and termination provisions

9. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends

10. Breach and Remedies: Consequences of breaching the agreement and available remedies

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

12. Execution: Signature blocks and execution details

Optional Sections

1. Permitted Disclosures: Used when certain disclosures to third parties (like professional advisors) need to be explicitly permitted

2. Representatives and Employees: Include when confidential information will be shared with employees or representatives of the receiving party

3. Intellectual Property Rights: Added when confidential information includes IP that needs specific protection

4. Non-Solicitation: Include when there's a need to prevent poaching of employees or clients

5. Public Announcements: Used when there's a need to control public statements about the relationship

6. Data Protection: Include when personal data is part of the confidential information

7. Export Control: Added when confidential information may be subject to export control laws

8. Competing Projects: Used when parties need to address work on similar or competing projects

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of 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 and procedures required

4. Appendix A - Approved Third Party Recipients: Pre-approved third parties who may receive the confidential information

5. Appendix B - Form of Third Party Confidentiality Agreement: Template agreement for third parties who need access to confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 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

Healthcare

Financial Services

Manufacturing

Professional Services

Retail

Mining and Resources

Construction

Education

Biotechnology

Media and Entertainment

Telecommunications

Real Estate

Energy

Agriculture

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research and Development

Information Technology

Finance

Operations

Procurement

Sales

Corporate Strategy

Compliance

Information Security

Product Development

Relevant Roles

Chief Executive Officer

Legal Counsel

Human Resources Manager

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Chief Financial Officer

Procurement Manager

Operations Manager

Investment Manager

Product Manager

Sales Director

Strategy Consultant

Information Security Officer

Compliance Officer

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Let's create your Standard Confidentiality Agreement

Authors

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