This Non Disclosure Agreement Data Protection document is essential for Australian businesses and organizations that share sensitive information and personal data with third parties. It combines traditional NDA provisions with comprehensive data protection requirements, making it particularly relevant in today's digital business environment. The agreement is designed to comply with Australian privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles, while providing robust protection for confidential business information. It is commonly used when engaging service providers, consultants, or business partners who will have access to personal information or sensitive data, and includes specific provisions for data security, breach notification, and compliance with Australian privacy regulations. The document is especially crucial for organizations subject to privacy law obligations or those handling significant amounts of personal or sensitive information.
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1. Parties: Identification of all parties to the agreement, including ABN/ACN for companies
2. Background: Context of the agreement, relationship between parties, and purpose of information sharing
3. Definitions: Definitions of key terms including Confidential Information, Personal Information, Data Protection Laws, Permitted Purpose
4. Scope and Purpose: Detailed description of the permitted uses of confidential information and personal data
5. Confidentiality Obligations: Core confidentiality requirements and restrictions on use and disclosure
6. Data Protection Obligations: Compliance with Privacy Act and APPs, data security measures, breach notification requirements
7. Security Measures: Required technical and organizational measures to protect confidential information and personal data
8. Breach Notification: Procedures for reporting and handling data breaches and confidentiality breaches
9. Return or Destruction: Requirements for handling confidential information and personal data upon termination
10. Term and Termination: Duration of obligations and circumstances for termination
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. International Data Transfers: Required when personal information may be transferred outside Australia
2. Specific Data Types: Additional provisions for sensitive information or special categories of personal data
3. Subcontractor Obligations: Required when either party may engage subcontractors to process information
4. Audit Rights: Optional provisions for audit and inspection rights regarding data protection measures
5. Insurance Requirements: Specific insurance obligations for data protection and cyber liability
6. Competing Activities: Restrictions on competing activities, if relevant to the business relationship
7. Publicity: Provisions regarding public announcements or references to the relationship
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required
3. Schedule 3 - Approved Subcontractors: List of pre-approved subcontractors (if applicable)
4. Appendix A - Data Processing Details: Details of personal information processing activities
5. Appendix B - Breach Response Plan: Detailed procedures for handling data and confidentiality breaches
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