Protecting confidential information is crucial for any business, especially when it comes to sensitive material such as trade secrets, client information, or intellectual property.
Non-Disclosure Agreements (NDAs) are crucial legal documents that protect sensitive information and prevent its unauthorised use or disclosure.
A Non-Disclosure Agreement (Mutual) is a two-way legal document that you can use to disclose confidential information to a receiving party while legally forbidding either party from disclosing that information to any third parties, be they a person or entity.
It is important to note that this document is only enforceable if it is signed by you and the other party before the information is shared.
It is important to note that this document is only enforceable if it is signed by you and the other party before information is shared. If you are seeking to protect the information of one party, see our Non-Disclosure Agreement (One-Way).
You should use a mutual NDA when dealing with the following people:
A non-disclosure agreement can also be referred to as an:
Yes, Non-Disclosure Agreements (NDAs), also known as confidentiality agreements, are legally binding in Australia. These agreements are commonly used to protect sensitive information, trade secrets, or proprietary data shared between parties. In Australia, as in many other jurisdictions, an NDA is a legally recognised contract that outlines the terms and conditions under which confidential information can be shared and used.
If there is a breach of this agreement and there is disclosure of confidential information within the agreed non-disclosure period you are able to claim a remedy or damages from the violating party. These are outlined in the provisions of this agreement, some of the specifications include:
The subject matter of the NDA can be as broad or as narrow as necessary to suit to your needs. You can use this Lawpath template as a base and then customise the document accordingly. Common terms of this agreement and information that can be covered is inclusive of but not exhaustive to:
It is not an essential element of a non-disclosure agreement to give a specific time-frame. However, we recommended that an obligation of confidentiality remain until the information is no longer classified as confidential and enters the public domain. In cases where the parties decide to agree on a time-limit, to ensure enforceability, the deadline must not go over what is reasonably necessary to protect the legitimate interests of your business.
This document is only enforceable in the country or state specified in the agreement. If you intend to take legal action to enforce this agreement or seek remedies for its breach, you will need to do so in the State or Territory Court the document was executed in. However, the applicability of the NDA is a separate matter- generally speaking, this agreement binds both parties in their actions, whether those actions take place in Australia or overseas.
You should be mindful of the specific termination terms of the agreement. According to the terms, information received after a certain date or event has passed may not be confidential information. This may be specified in the question regarding the nature of the confidential information being disclosed by each party.
Let’s say you sign an NDA during the course of employment, but after leaving the job, the NDA continues to apply for a certain amount of time (e.g. 1-year post-employment). While you are bound by this ongoing obligation, it is unlikely that the NDA will bind you to keep confidential any information you learn after leaving your position.