The Limited Disclosure Agreement serves as a crucial legal instrument in Australian business operations where selective sharing of confidential information is required. This document type is particularly relevant when parties need to share specific information while maintaining strict confidentiality over other related matters. It differs from a standard non-disclosure agreement by explicitly defining both permitted and prohibited disclosures, making it ideal for complex business relationships where information sharing needs to be carefully controlled. The agreement incorporates requirements from Australian federal and state legislation, including the Privacy Act 1988 (Cth) and relevant common law principles. It is commonly used in situations involving partial disclosure of trade secrets, selective sharing of intellectual property, or limited access to sensitive commercial information.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Permitted Purpose', and 'Permitted Disclosures'
4. Scope of Permitted Disclosure: Clearly outlines what information may be disclosed, to whom, and under what circumstances
5. Confidentiality Obligations: Details the core obligations regarding protection of confidential information and prohibited disclosures
6. Security Measures: Specifies the required security measures for protecting confidential information
7. Term and Termination: Specifies the duration of the agreement and circumstances for termination
8. Return or Destruction of Information: Procedures for handling confidential information after the agreement ends
9. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and amendments
1. Competitive Activities: Required when parties are competitors or may become competitors, addressing non-compete aspects
2. Intellectual Property Rights: Needed when confidential information includes IP that requires specific protection measures
3. Data Privacy Compliance: Required when personal information is included in the disclosed information
4. International Transfer Provisions: Needed when information may be transferred across international borders
5. Audit Rights: Optional section giving right to audit compliance with the agreement
6. Insurance Requirements: Required when specific insurance coverage is needed for handling sensitive information
7. Force Majeure: Optional clause addressing circumstances beyond parties' control affecting compliance
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information covered by the agreement
2. Schedule 2 - Permitted Recipients: List of authorized individuals or entities who may receive the confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information
4. Appendix A - Permitted Disclosure Format: Templates or formats for how information should be disclosed
5. Appendix B - Notification Requirements: Forms and procedures for required notifications under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Research & Development
Biotechnology
Defense
Energy
Telecommunications
Mining
Education
Legal Services
Consulting
Relevant Teams
Legal
Compliance
Information Security
Risk Management
Research and Development
Business Development
Executive Leadership
Information Technology
Finance
Operations
Corporate Affairs
Intellectual Property
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Compliance Officer
Chief Information Security Officer
Chief Technology Officer
Chief Financial Officer
Business Development Manager
Research Director
Project Manager
Intellectual Property Manager
Contract Manager
Privacy Officer
Risk Manager
Information Security Manager
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