This Reciprocal Non-Disclosure Agreement is designed for situations where two or more parties need to share sensitive information while ensuring mutual protection under Australian law. It is commonly used in business negotiations, joint ventures, potential mergers and acquisitions, or any collaborative discussions where confidential information flows both ways. The agreement explicitly defines what constitutes confidential information, including trade secrets, proprietary data, business strategies, customer information, and technical knowledge. As a reciprocal agreement, it ensures that all parties have equal obligations and protections when acting as either the disclosing or receiving party. The document incorporates key requirements of Australian corporate and privacy law, including compliance with the Privacy Act 1988 (Cth) and relevant provisions of the Corporations Act 2001 (Cth), while being enforceable under Australian common law principles.
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1. Parties: Identification of all parties entering into the agreement, including full legal names and registered addresses
2. Background: Context of the agreement, including the purpose of information sharing and the mutual intent to protect confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core mutual obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Security Measures: Required procedures and safeguards for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival of Obligations: Specification of obligations that continue after termination
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section clarifying that the agreement doesn't transfer any IP rights, used when confidential information includes IP-sensitive material
2. Non-Solicitation: Prevents parties from soliciting each other's employees or clients, included when parties are competitors or in sensitive business relationships
3. Residual Knowledge: Addresses the use of non-confidential knowledge retained in memory, included in technology or professional services contexts
4. Data Privacy Compliance: Special provisions for handling personal data under privacy laws, included when confidential information includes personal data
5. Export Control: Compliance with export control laws, included when information may be subject to international transfer restrictions
6. Competing Projects: Clarifies rights to work on similar projects with other parties, included in competitive industries
7. Information Security Requirements: Specific technical security requirements, included when dealing with sensitive digital information
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
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