What is a Confidentiality Agreement?
A Confidentiality Agreement (also known as a Non-Disclosure Agreement or NDA) is a commercial agreement between two parties to protect confidential information and not disclose it to a third party.
You should always get the agreement signed by both parties before revealing any confidential information to make sure it’s legally enforceable.
Who can use this template?
- Any business with confidential information
- Any industry
- Suitable for all Australian states and territories
- Hiring an employee or contractor
- Negotiating a contract with another business
- Pitching to investors
- Sharing commercially sensitive information with suppliers or partners
Do I need a Confidentiality Agreement to protect my confidential information?
If you want to protect your ideas, trade secrets or sensitive information from being copied or stolen, a Confidentiality Agreement is essential.
Even if you’re just in early discussions with another party, you should get a Confidentiality Agreement signed to be safe.
Confidentiality Agreements generally enable parties to reveal information with commercial value that they might otherwise keep secret so that commercial negotiations can continue openly and honestly. Breaking a confidentiality agreement may result in the confidential information owner taking legal action.
Other names for a Confidentiality Agreement
- Non-Disclosure Agreement
- Secrecy Agreement
- Proprietary Information Agreement
- Confidentiality Deed
What does this Confidentiality Agreement template include?
Our Confidentiality Agreement template covers everything you need to keep your information secure:
- Parties – who the agreement is between
- Confidential Information – the types of confidential information to be protected;
- Confidentiality Obligations – the obligations of the parties to the confidentiality agreement
- Disclosure – rules around disclosing information
- Non-solicitation – to prevent one party from enticing employees, customers, suppliers or potential investors away from the other party
- Term – how long the agreement is valid
- Return on Request – either party can request for the other party to cease using the information and return it (along with any notes)
- Indemnity – a legal term to protect against losses and damages
Our confidentiality agreement template is a mutual agreement, which means both the parties entering into the contract agree not to disclose any confidential information provided to them by the other.
How long does a Confidentiality Agreement last?
A confidentiality agreement’s duration can vary depending on what you are using it for. There is no standard length of time – you could set the term for one year, two years, five years or indefinitely. Our Confidentiality Agreement template includes a field where you can change the term to suit your requirements.
Is this Confidentiality Agreement template legally binding?
All of our templates are written by qualified Australian lawyers who hold an Australian legal practicing certificate.
We are affiliated with a commercial law firm based in Sydney.