The Confidentiality Agreement Between Two Companies is a critical legal instrument used when businesses need to share sensitive information while maintaining its confidentiality. This agreement is particularly relevant in the Australian business context where companies are engaging in preliminary discussions, due diligence, joint ventures, or other commercial arrangements requiring disclosure of proprietary information. The document incorporates Australian legal requirements, including considerations under the Privacy Act 1988 (Cth), Corporations Act 2001 (Cth), and relevant common law principles. It provides a framework for defining confidential information, establishing use restrictions, setting security protocols, and outlining remedies for breach, while being adaptable to various industry contexts and business relationships.
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1. Parties: Identifies the parties entering into the agreement, including their full legal names, ACN/ABN, and registered addresses
2. Background: Sets out the context and purpose of the agreement, including the nature of the proposed business relationship
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Disclosure and Use of Confidential Information: Core obligations regarding how confidential information can be used and disclosed
5. Protection of Confidential Information: Specific measures required to protect confidential information
6. Exceptions to Confidentiality: Circumstances where confidentiality obligations don't apply (e.g., public domain, required by law)
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Breach and Remedies: Consequences of breach and available remedies
10. General Provisions: Standard provisions including governing law, entire agreement, amendments, notices
11. Execution: Signature blocks and execution provisions
1. Representatives and Third Parties: Details obligations regarding employees, agents, and contractors who may access confidential information. Include when information will be shared beyond immediate parties.
2. Intellectual Property Rights: Clarifies ownership and rights regarding intellectual property. Include when confidential information includes IP elements.
3. Security Requirements: Specific security measures required for protecting information. Include for highly sensitive information or regulated industries.
4. Data Privacy Compliance: Specific obligations regarding personal data handling. Include when personal information may be shared.
5. Competing Projects: Provisions regarding work on similar projects. Include when parties operate in same industry.
6. Publicity and Announcements: Restrictions on public statements about the relationship. Include for high-profile relationships.
7. Insurance Requirements: Obligations to maintain specific insurance coverage. Include for high-value or high-risk information.
1. Schedule 1 - Description of Confidential Information: Detailed description or categories of information covered by the agreement
2. Schedule 2 - Permitted Purpose: Detailed description of the permitted use of confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Authorized Representatives: List of authorized personnel who may access confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Mining and Resources
Research and Development
Biotechnology
Retail
Construction
Energy
Telecommunications
Education
Real Estate
Media and Entertainment
Relevant Teams
Legal
Business Development
Executive Leadership
Corporate Affairs
Research and Development
Commercial Operations
Procurement
Risk and Compliance
Information Technology
Strategy
Innovation
Corporate Development
Project Management Office
Operations
Relevant Roles
Chief Executive Officer
Managing Director
Legal Counsel
Business Development Manager
Chief Financial Officer
Project Manager
Research Director
Chief Technology Officer
Operations Manager
Commercial Manager
Procurement Manager
Strategy Director
Innovation Manager
Corporate Development Manager
Risk Manager
Compliance Officer
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