Confidentiality agreements

We will draft a confidentiality agreement that keeps your sensitive information protected before you share it.

When you share sensitive information with a potential partner, employee, or contractor, a verbal understanding is not enough. We draft confidentiality agreements that bind the receiving party to clear obligations, covering what they can do with your information, how long those obligations last, and what happens if they breach. You can then have the conversations you need to grow your business without exposing yourself to risk.

What is a confidentiality agreement and why does it matter?

A confidentiality agreement, also known as a non-disclosure agreement (NDA), is a legally binding contract that prevents the other party from disclosing or misusing information you share with them. Whether you are negotiating a business deal, onboarding a contractor, or exploring a partnership, a confidentiality agreement protects your sensitive information before you share it.

What is the difference between a confidentiality agreement and an NDA?

A non-disclosure agreement (NDA) and a confidentiality agreement are effectively the same thing. The terms are used interchangeably in Australia, and both create legally binding obligations around the protection of information.

Does a confidentiality agreement need to be mutual?

Not necessarily. A one-way agreement protects only one party’s information. A mutual agreement protects both parties and is often used where both sides will be sharing sensitive information, such as in a joint venture or merger negotiation.

How long does confidentiality last under an NDA?

The duration is set in the agreement itself. Obligations commonly last two to five years, but some provisions, particularly around trade secrets, can be drafted to apply indefinitely.

Can I enforce a confidentiality agreement if someone breaches it?

Yes. A breach of a confidentiality agreement can give rise to a claim for damages, an injunction to prevent further disclosure, or both. The strength of your position depends on how clearly the agreement defines the obligations and the nature of the breach.

Your sensitive information stays protected throughout negotiations and discussions.

The other party is legally bound by clear, enforceable confidentiality obligations.

You can have the conversations your business needs without compromising your position.

About to share sensitive information?

Before you share your business plans, financial data, or proprietary processes with anyone outside your organisation, let us make sure the right protections are in place.

Before you share anything, protect it.

You need to share sensitive business information, such as financial data, trade secrets, business plans, or proprietary processes, with someone outside your organisation. But without a confidentiality agreement in place, you have no legal recourse if that information is misused or disclosed to a third party.

We will draft a confidentiality agreement tailored to your specific situation.
We will define exactly what information is covered and for how long.
We will include appropriate carve-outs for publicly available information.
We will set out the consequences of a breach and your enforcement rights.
We will advise on mutual versus one-way confidentiality obligations depending on your circumstances.

You need to share. Make sure it stays between you.

You are about to enter negotiations with a potential investor, partner, or acquirer and need to share sensitive information about your business before any agreement is reached. Or you are bringing on a contractor or consultant who will have access to your internal processes, client data, or proprietary systems. Either way, a handshake agreement is not enough.

What's included in your confidentiality agreement service

Drafting of a tailored confidentiality or non-disclosure agreement.
Definition of confidential information and permitted uses.
Duration and post-termination confidentiality obligations.
Carve-outs for publicly available or independently developed information.
Breach consequences and enforcement provisions.
Advice on mutual versus one-way confidentiality structures.

What happens if you share without a confidentiality agreement

Without a confidentiality agreement, there is nothing to stop the other party from sharing your information with competitors, using your business plans to set up a competing venture, or leveraging your data in negotiations against you. Once disclosed, information cannot be unshared, and proving breach without a written agreement is extremely difficult.

Here is how we put you back in control

We draft confidentiality agreements that are clear, enforceable, and matched to your situation, whether you need a standard NDA, a mutual confidentiality agreement, or something more specific to a transaction or employment context. With the right protections in place, you can have the conversations you need to move your business forward.

Our confidentiality agreement process

Three steps to protect your sensitive information.

Tell us what you need to protect

We understand the context, what information you are sharing, with whom, and for what purpose. This determines the structure and scope of your agreement.

We draft your agreement

We prepare a tailored confidentiality agreement covering the information, duration, permitted use, carve-outs, and enforcement rights appropriate to your situation.

Sign and share with confidence

With the agreement executed, you can proceed with your discussions knowing your information is legally protected and the other party is bound by clear obligations.

Experienced commercial lawyers ready to guide you

We know how much is at stake when you share sensitive business information with an outsider. Our commercial lawyers have helped businesses of all sizes, from early-stage start-ups sharing IP with investors to established companies entering into strategic partnerships, put the right confidentiality protections in place before it is too late.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to protect your confidential information?

Book a call today and we will prepare a tailored confidentiality agreement that protects your sensitive information before your next important discussion.

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