The Advisory Board Confidentiality Agreement is essential for organizations seeking to protect their confidential information while engaging external expertise through advisory boards. This document is specifically tailored for use in Australia, incorporating requirements under the Corporations Act 2001 (Cth) and other relevant Australian legislation. It is particularly relevant when companies share sensitive business information, strategic plans, intellectual property, or proprietary data with advisory board members. The agreement should be implemented before any advisory board member begins their engagement and remains active beyond the termination of their advisory role. It includes comprehensive provisions for handling confidential information, permitted disclosures, and security protocols, making it suitable for various industries and organizational structures operating in the Australian business environment.
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1. Parties: Identifies the company and the advisory board member entering into the agreement
2. Background: Sets out the context of the advisory relationship and the need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Advisory Services', 'Permitted Purpose', and other relevant terms
4. Appointment and Role: Establishes the appointment to the advisory board and outlines the general scope of the role
5. Confidentiality Obligations: Details the core obligations regarding confidential information, including non-disclosure and non-use provisions
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed
7. Information Security: Sets out requirements for protecting and securing confidential information
8. Return or Destruction of 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: Specifies which obligations continue after termination
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Include when advisory role involves creation or development of IP or when specifically dealing with IP-related matters
2. Insider Trading Provisions: Include for public companies or when advisory role involves access to market-sensitive information
3. Competing Activities: Include when there's a need to restrict involvement with competing businesses
4. Data Protection Compliance: Include when confidential information includes personal data requiring specific privacy compliance measures
5. Remuneration: Include if the advisory role includes compensation or reimbursement terms
6. Insurance and Indemnity: Include when requiring professional indemnity insurance or specific indemnification provisions
1. Description of Advisory Services: Detailed outline of the advisory board member's role and responsibilities
2. Categories of Confidential Information: Specific listing of types of confidential information covered
3. Security Protocols: Detailed procedures for handling and protecting confidential information
4. Approved Recipients: List of persons or entities authorized to receive confidential information
5. Deed of Confidentiality: Form of confidentiality deed for approved recipients or representatives
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Energy and Resources
Consumer Goods
Real Estate
Education
Telecommunications
Biotechnology
Mining
Agriculture
Media and Entertainment
Non-Profit Organizations
Relevant Teams
Legal
Corporate Governance
Executive
Board of Directors
Compliance
Risk Management
Corporate Affairs
Company Secretariat
Strategic Planning
Business Development
Relevant Roles
CEO
Managing Director
Company Secretary
General Counsel
Legal Counsel
Chief Financial Officer
Board Director
Advisory Board Member
Chief Technology Officer
Chief Strategy Officer
Head of Corporate Development
Compliance Officer
Risk Manager
Corporate Governance Manager
Chief Operating Officer
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