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Confidentiality Agreement

Some information is confidential because of the circumstances in which it is created, for example a communication from client to lawyer for the purpose of obtaining advice. Other information is confidential because a deed or agreement says that the person receiving the information should not disclose it to a third person (non-disclosure agreement (NDA)).

Often contracts of employment, or subcontracting agreements, contain clauses that say certain sorts of information passing between the parties will not be disclosed to third parties. In other situations there may be a vaguer relationship between the parties, or a once-off dealing such as the inspection of a business plan, which require a stand-alone "confidentiality agreement" to be made before the information is transferred, to keep certain information confidential long after the occasion when the information was disclosed.

The "deed" format is useful whenever the "value" being transferred in exchange for a promise is zero or undefined or undefinable. A deed is the normal form of a Confidentiality Agreement in which no direct payment for the information is being made to the discloser by the receiver and there is no direct payment by the discloser to the receiver to secure confidentiality (which is usually the case) (see below).

NOTE: There are ten basic ways to sign a deed, see Basic Deeds

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45578 *Confidentiality Agreement between Employer & Employee

A separate deed of confidentiality, specifically designed for the employer and employee, to be signed at recruitment. This one allows execution even before employment (for those who are to reveal important information in the recruitment process (say, in second stage interviews)) but works even if this is not an aspect of this particular recruitment. Australian. NSW, Vic., ACT, WA, SA, NT. (H-3077)

99473 *Confidentiality Agreement between Employer & Employee (QLD)

A separate deed of confidentiality, specifically designed for the employer and employee, to be signed at recruitment. This one allows execution even before employment (for those who are to reveal important information in the recruitment process (say, in second stage interviews)) but works even if this is not an aspect of this particular recruitment. Australia. Queensland. (H-3075) non disclosure agreement (NDA)

70431 *Confidentiality Agreement between Employer & Employee (Tas.

A separate deed of confidentiality, specifically designed for the employer and employee, to be signed at recruitment. This one allows execution even before employment (for those who are to reveal important information in the recruitment process (say, in second stage interviews)) but works even if this is not an aspect of this particular recruitment. Australia. Tasmania. (H-3078) non disclosure agreement (NDA)

94491 ANY - Confidentiality agreement - *Generic 1-way

New. Any State. (Well almost, its good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-3304 for Tas. see L-3305. -Ed) This is a formal confidentiality agreement (or non-disclosure agreement) used in the commercial world when it needs to be made absolutely clear that any disclosure of the information now to be revealed in the course of the continuing relationship is likely to be dealt with with the full force of the law. Useful for information conveyed to a partner or a joint venture partner or a consultant to allow a professional relationship, such as trade secrets, designs, inventions, marketing plans, financial details of the project or the company. This is a generic format between a "Disclosing Party" and a "Recipient Party" and either party can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation. Australian legal agreement (any State). non disclosure agreement (NDA) (L-3275)

80421 ANY - Confidentiality agreement - *Generic 2-way

New. Any State. (Well almost; its good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-3306; for Tas. see L-3307 - Ed.) This is a formal confidentiality agreement (or non-disclosure agreement) used in the commercial world when it needs to be made absolutely clear that any disclosure of the information now to be revealed in the course of the continuing relationship is likely to be dealt with with the full force of the law. Useful for information conveyed to a partner or a joint venture partner or a consultant to allow a professional relationship, such as trade secrets, designs, inventions, marketing plans, financial details of the project or the company. This is a generic format between two parties ("Party A" and "Party B") who are each giving information to the other and either party can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation. Australian legal agreement (any State). (L-3274) non disclosure agreement (NDA)

19677 ANY - Confidentiality agreement - Coy & Coy 2-way

New. Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-3308 for Tas. see L-3309. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is two way, between company and company (such as two joint venture players both inputting special information, intellectual property or trade secrets into the joint venture). Australian legal agreement (any State). (L-3212) non disclosure agreement (NDA)

48554 ANY - Confidentiality agreement - Coy & P'ship 2-way

New. Deed. Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-???? for Tas. see L-????. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is two way, between a company and a partnership (such as two joint venture players both inputting special information, intellectual property or trade secrets into the joint venture). Australian legal agreement (any State). (L-3215) non disclosure agreement (NDA)

65798 ANY - Confidentiality agreement - Coy & SoleT 2-way

New. Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-???? for Tas. see L-????. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is two way, between a company and a sole trader (such as two joint venture players both inputting special information, intellectual property or trade secrets into the joint venture). Australian legal agreement (any State). (L-3216) non disclosure agreement (NDA)

37493 ANY - Confidentiality agreement - Coy to Coy 1-way

New. Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-3310 for Tas. see L-3311. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from company to another company (such as a joint venture player, or project player or a consultant). Australian legal agreement (any State). (L-3211) non disclosure agreement (NDA)

94883 ANY - Confidentiality agreement - Coy to Coy 1-way EXAMPLE

A product designer/inventor is handing over the design, drawings and engineer's report to a product developer for a review and report with a view to developing the product to mutual benefit. This download is offered as an example at the request of a number of product designers to help them word their own agreement. This will have nothing to do with your product but it might help you refer to your own product. Deed. (L-3328) non disclosure agreement (NDA)

70213 ANY - Confidentiality agreement - Coy to P'ship 1-way

New. Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-???? for Tas. see L-????. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a company to a partnership (such as a joint venture player, or project player or a consultant). Australian legal agreement (any State). (L-3214) non disclosure agreement (NDA)

92506 ANY - Confidentiality agreement - Coy to Person 1-way

New. Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-3312; for Tas. see L-3313. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from company to a person (such as a project player or a consultant). Australian legal agreement (any State). (L-3025) non disclosure agreement (NDA)

79259 ANY - Confidentiality agreement - Person to Coy 1-way

New. Any State. Well, almost ... Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-3329; for Tas. see L-3330. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a special player (such as a designer, inventor or professional consultant) providing special information, intellectual property or trade secrets to a company. Australian legal agreement. (L-3213) non disclosure agreement (NDA)

64977 ANY - Confidentiality agreement - SoleT to Person 1-way

Deed. Any State. (Well, almost ... You can use this one in NSW, Vic., SA, WA, NT and ACT. For QLD see L-3323 for Tas. see L-3324.) A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a sole trader to a person (such as a project player or a consultant). It might also be useful where a sole trader business is looking to expand the business by involving another entrepreneur with a view to setting up a partnership or company and wants to let the person have some trade or business secrets. Australian legal agreement (any State). (L-3273) non disclosure agreement (NDA)

18565 Confidentiality agreement (Deed) - Partnership to Company

Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-???? for Tas. see L-????. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a partnership (such as a joint venture player, or project player or a consultant) to a company. Australian legal agreement (any State). (L-3217) non disclosure agreement (NDA)

10227 Confidentiality agreement (Deed) - Person to Person

A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a person (the discloser) to another person (such as a possible joint venture player, prior to the formation of the new joint venture company) (the recipient). Australian legal agreement (any State). (L-3223) non disclosure agreement (NDA)

81776 Confidentiality agreement (Deed) - one way (Internat) QUOTE

This is a formal confidentiality agreement (or non-disclosure agreement) used by a party in Australia to give important information to a second party in another country to allow that second party to evaluate and quote their participation in (for example) the manufacturing process, seeking to protect the information from being given to a third party. This is a generic format between a "Disclosing Party" and a "Recipient Party" and either party can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation. International legal agreement with dominance by the Australian disclosing party. (L-3284) non disclosure agreement (NDA)

59964 Deed Poll - Confidentiality Declaration by subbie AllotherSt

New South Wales, Victoria, South Australia, Western Australia, Northern Territory and the Australian Capital Territory. A sub-contractor employed under a separate contract with the Contractor signs under Deed Poll an undertaking to keep confidential information supplied to him/her for work under the original Contract between the Principal and the Contractor. This is an interesting document. It uses the Deed Poll format so that the subbie can sign it without the need for formal sign off of three way agreements between the subby and the other two parties which are a hassle to obtain and provide little more than the Deed Poll. This way, the subbie can sign it off him/herself and all (s)he needs is a witness. Half of the deed describes details regarding the contract between the Principal and Contractor (under "I understand that ...") and the other half is made up of undertakings by the subbie (that "I will ..." and "I will not .."). This means that the original supply contract can be executed between the Principal and the Contractor to get the project under way and the Deed Poll can be executed later by the subcontractor. There is also a place for describing legal clauses from Acts and Regulations (such as the Crimes Act) that impact on confidentiality that can place the subbie under notice that fines or imprisonment might apply. By describing them here the subby is making sure that (s)he knows (and anybody reading the Deed knows that (s)he knows) what (s)he is entering into. (L-3362) non disclosure agreement (NDA)

81701 Deed Poll - Confidentiality Declaration by subbie QLD

A sub-contractor employed in Queensland under a separate contract with the Contractor signs under Deed Poll an undertaking to keep confidential information supplied to him/her for work under the original Contract between the Principal and the Contractor. This is an interesting document. It uses the Deed Poll format so that the subbie can sign it without the need for formal sign off of three way agreements between the subby and the other two parties which are a hassle to obtain and provide little more than the Deed Poll. This way, the subbie can sign it off him/herself and all (s)he needs is a witness. Half of the deed describes details regarding the contract between the Principal and Contractor (under "I understand that ...") and the other half is made up of undertakings by the subbie (that "I will ..." and "I will not .."). This means that the original supply contract can be executed between the Principal and the Contractor to get the project under way and the Deed Poll can be executed later by the subcontractor. There is also a place for describing legal clauses from Acts and Regulations (such as the Crimes Act) that impact on confidentiality that can place the subbie under notice that fines or imprisonment might apply. By describing them here the subby is making sure that (s)he knows (and anybody reading the Deed knows that (s)he knows) what (s)he is entering into. (L-3364DeedPoll QLD) non disclosure agreement (NDA)

89125 Deed Poll - Confidentiality Declaration by subbie Tas.

A sub-contractor employed in Tasmania under a separate contract with the Contractor signs under Deed Poll an undertaking to keep confidential information supplied to him/her for work under the original Contract between the Principal and the Contractor. This is an interesting document. It uses the Deed Poll format so that the subbie can sign it without the need for formal sign off of three way agreements between the subby and the other two parties which are a hassle to obtain and provide little more than the Deed Poll. This way, the subbie can sign it off him/herself and all (s)he needs is a witness. Half of the deed describes details regarding the contract between the Principal and Contractor (under "I understand that ...") and the other half is made up of undertakings by the subbie (that "I will ..." and "I will not .."). This means that the original supply contract can be executed between the Principal and the Contractor to get the project under way and the Deed Poll can be executed later by the subcontractor. There is also a place for describing legal clauses from Acts and Regulations (such as the Crimes Act) that impact on confidentiality that can place the subbie under notice that fines or imprisonment might apply. By describing them here the subby is making sure that (s)he knows (and anybody reading the Deed knows that (s)he knows) what (s)he is entering into. (L-3363DeedPoll TAS) non disclosure agreement (NDA)

15917 QLD - Confidentiality agreement - *Generic 1-way

New. Queensland only. This is a formal confidentiality agreement (or non-disclosure agreement) used in the commercial world when it needs to be made absolutely clear that any disclosure of the information now to be revealed in the course of the continuing relationship is likely to be dealt with with the full force of the law. Useful for information conveyed to a partner or a joint venture partner or a consultant to allow a professional relationship, such as trade secrets, designs, inventions, marketing plans, financial details of the project or the company. This is a generic format between a "Disclosing Party" and a "Recipient Party" and either party can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation. Australian legal agreement (QLD). (L-3304) non disclosure agreement (NDA)

81834 QLD - Confidentiality agreement - *Generic 2-way

New. Queensland only. This is a formal confidentiality agreement (or non-disclosure agreement) used in the commercial world when it needs to be made absolutely clear that any disclosure of the information now to be revealed in the course of the continuing relationship is likely to be dealt with with the full force of the law. Useful for information conveyed to a partner or a joint venture partner or a consultant to allow a professional relationship, such as trade secrets, designs, inventions, marketing plans, financial details of the project or the company. This is a generic format between two parties ("Party A" and "Party B") who are each giving information to the other and either party can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation. Australian legal agreement (QLD). (L-3306) non disclosure agreement (NDA)

44747 QLD - Confidentiality agreement - Coy & Coy 2-way

New. Queensland only. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is two way, between company and company (such as two joint venture players both inputting special information, intellectual property or trade secrets into the joint venture). Australian legal agreement (QLD). (L-3308) non disclosure agreement (NDA)

30771 QLD - Confidentiality agreement - Coy to Coy 1-way

New. Queensland only. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from company to another company (such as a joint venture player, or project player or a consultant). Australian legal agreement (QLD). (L-3310) non disclosure agreement (NDA)

86696 QLD - Confidentiality agreement - Coy to Person 1-way

Queensland only. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from company to a person (such as a project player or a consultant). Australian legal agreement (QLD). (L-3312) non disclosure agreement (NDA)

18930 QLD - Confidentiality agreement - Person to Coy 1-way

Queensland only. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a person to a company (such as a project player or a consultant with fresh ideas, new ways of thinking or inventions). Australian legal agreement (QLD). (L-3329) non disclosure agreement (NDA)

56100 QLD - Confidentiality agreement - SoleT to Person 1-way

A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a sole trader to a person (such as a project player or a consultant). It might also be useful where a sole trader business is looking to expand the business by involving another entrepreneur with a view to setting up a partnership or company and wants to let the person have some trade or business secrets. QLD only. (L-3323) non disclosure agreement (NDA)

72481 Tas. - Confidentiality agreement - *Generic 1-way

New. Tasmania only. This is a formal confidentiality agreement (or non-disclosure agreement) used in the commercial world when it needs to be made absolutely clear that any disclosure of the information now to be revealed in the course of the continuing relationship is likely to be dealt with with the full force of the law. Useful for information conveyed to a partner or a joint venture partner or a consultant to allow a professional relationship, such as trade secrets, designs, inventions, marketing plans, financial details of the project or the company. This is a generic format between a "Disclosing Party" and a "Recipient Party" and either party can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation. Australian legal agreement (Tas.) (L-3305) non disclosure agreement (NDA)

33415 Tas. - Confidentiality agreement - *Generic 2-way

New. Tasmania only. This is a formal confidentiality agreement (or non-disclosure agreement) used in the commercial world when it needs to be made absolutely clear that any disclosure of the information now to be revealed in the course of the continuing relationship is likely to be dealt with with the full force of the law. Useful for information conveyed to a partner or a joint venture partner or a consultant to allow a professional relationship, such as trade secrets, designs, inventions, marketing plans, financial details of the project or the company. This is a generic format between two parties ("Party A" and "Party B") who are each giving information to the other and either party can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation. Australian legal agreement (Tas.) (L-3307) non disclosure agreement (NDA)

93424 Tas. - Confidentiality agreement - Coy & Coy 2-way

New. Tasmania only. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is two way, between company and company (such as two joint venture players both inputting special information, intellectual property or trade secrets into the joint venture). Australian legal agreement (Tas.) (L-3309) non disclosure agreement (NDA)

70323 Tas. - Confidentiality agreement - Coy to Coy 1-way

New. Tasmania only. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from company to another company (such as a joint venture player, or project player or a consultant). Australian legal agreement (Tas.) (L-3311) non disclosure agreement (NDA)

86632 Tas. - Confidentiality agreement - Coy to Person 1-way

Tasmania only. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from company to a person (such as a project player or a consultant). Australian legal agreement (Tas.). (L-3313) non disclosure agreement (NDA)

60212 Tas. - Confidentiality agreement - Person to Coy 1-way

Tasmania only. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a person to a company (such as a project player or a consultant with fresh ideas, new ways of thinking or inventions). Australian legal agreement (Tas.). (L-3330) non disclosure agreement (NDA)

37427 Tas. - Confidentiality agreement - SoleT to Person 1-way

A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a sole trader to a person (such as a project player or a consultant). It might also be useful where a sole trader business is looking to expand the business by involving another entrepreneur with a view to setting up a partnership or company and wants to let the person have some trade or business secrets. Tasmania only. (L-3324) non disclosure agreement (NDA)

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