This Confidentiality Agreement Financial Information template is designed for use in Australian business contexts where parties need to share sensitive financial information while ensuring its confidentiality and security. It is particularly relevant for situations involving due diligence, mergers and acquisitions, financial advisory services, or other business transactions where detailed financial information needs to be disclosed. The agreement complies with Australian legal requirements, including the Corporations Act 2001, Privacy Act 1988, and relevant financial services regulations. It provides comprehensive protection for various types of financial information, including financial statements, projections, pricing models, customer financial data, and proprietary financial analysis. The document is structured to accommodate both one-way and mutual confidentiality obligations, depending on the nature of the information exchange.
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1. Parties: Identifies and provides details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the nature of the financial information to be shared
3. Definitions: Defines key terms including 'Confidential Information', 'Financial Information', 'Authorized Purpose', 'Representatives'
4. Scope of Confidential Information: Specifies what constitutes confidential financial information under the agreement
5. Confidentiality Obligations: Details the core obligations to maintain confidentiality and permitted uses of the information
6. Permitted Disclosures: Outlines circumstances where disclosure is permitted and procedures for such disclosure
7. Security Measures: Specifies required security measures for protecting confidential information
8. Term and Survival: Specifies duration of the agreement and which obligations survive termination
9. Return or Destruction of Information: Procedures for handling confidential information after the agreement ends
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Additional section when personal information is involved, addressing Privacy Act compliance
2. International Transfer: Required when confidential information may be transferred outside Australia
3. Insider Trading Prevention: Required when information could constitute inside information under the Corporations Act
4. Regulatory Disclosure: Required when parties are subject to regulatory oversight requiring certain disclosures
5. Competitive Activities: Optional restrictions on competitive activities during the confidentiality period
6. Insurance Requirements: Optional requirements for insurance coverage related to data protection
7. Audit Rights: Optional provisions allowing audit of compliance with confidentiality obligations
1. Schedule 1 - Description of Confidential Information: Detailed description of the types of financial information covered
2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives/employees
5. Appendix B - Data Breach Response Plan: Procedures to be followed in case of a data breach
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Professional Services
Investment Management
Private Equity
Venture Capital
Corporate Advisory
Accounting
Insurance
Mergers & Acquisitions
Business Consulting
Real Estate Investment
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Corporate Development
Mergers & Acquisitions
Investment Banking
Financial Control
Due Diligence
Corporate Finance
Business Development
Relevant Roles
Chief Financial Officer
Financial Controller
Investment Manager
Corporate Lawyer
Compliance Officer
Due Diligence Manager
Investment Banker
Financial Analyst
Business Development Manager
Risk Manager
Treasury Manager
M&A Director
Private Equity Associate
Corporate Finance Manager
Financial Advisory Partner
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