Confidentiality Agreements

Confidentiality Agreements

Confidentiality Agreements, or non-disclosure agreement , is simply a contract between two or more parties where the subject of the agreement promises that information conveyed will be maintained in secrecy. 

Confidentiality Agreements & Non Disclosure Agreements are key when it comes to business negotiations.    A well drafted confidentiality agreement or non-disclosure agreement can protect your valuable trade secrets. The words ‘confidentiality agreement’ and ‘non-disclosure agreement’ are used interchangeably.

Confidentiality Agreements

Mutual non-disclosure agreement

A short non-disclosure agreement  is a mutual agreement between party’s and protects confidential information for a specific purpose.   This mutual non-disclosure agreement covers:

  • Definitions
  • Restrictions On Use
  • Rights And Remedies
  • Amendment Or Waiver
  • General

 5 pages long.


Mutual non disclosure agreement with schedule

A mutual non disclosure agreement that contains a schedule with a detailed confidentiality deed between a company and employee, including clauses covering:

  • Confidential information
  • information exchange
  • obligations
  • disclosure
  • Non-confidential information
  • Subsidiary
  • Term of agreement
  • intellectual property rights
  • other agreements/disclaimers
  • General provisions
  • Restraint of trade
  • enforceability provisions.

This mutual non disclosure agreement with schedule is  8 pages long


Employee Confidentiality Deed

The Employee Confidentiality Deed is a detailed confidentiality deed between a company and employee, including:

  • Intellectual property clause requiring all original works and inventions to be signed over to the employer company.
  • Restraint of trade clause imposing restrictions on the employee’s use of confidential information, and enforceability provisions.

Clauses include:

  • Definitions and interpretation
  • Confidential information
  • Disclosure of inventions
  • Intellectual property rights
  • Restraint
  • Injunctive relief
  • Governing law
  • Amendment
  • Severability

This employee confidentiality deed is  8 pages long


Confidentiality Agreement Between Companies

A Confidentiality Agreement between two companies is for a specific proposed project. This agreement contains mutual indemnity obligations that survive after finalisation or discontinuance of the project. The agreement includes clauses covering:

  • Definitions
  • Obligation of confidentiality
  • Disclosure
  • Security of the Confidential Information
  • Return of Confidential Information
  • Loss
  • Continuing obligations
  • Executed in accordance with Section 127(1) of the Corporations Act 2001

 This confidentiality Agreement between two companies is 4 pages