Confidentiality Agreement (Deed)

$ 99.00

(inc. GST)

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The Cleardocs Deed of Confidentiality sets out how parties will maintain the confidentiality of information and when that information may be disclosed. It is similar to a Confidentiality Agreement but with some important differences.

Time taken to complete 10 minutes.

Cost $ 99.00 (inc GST)

Legal Sign-offThe master documents are written in plain language and are signed-off by our lawyers at Maddocks.

What documents are included in the Cleardocs Deed of Confidentiality?

The package includes:

  • the tailored Deed of Confidentiality (the Cleardocs package does not include a Confidentiality Agreement - see our FALQ "Deed of Confidentiality or Confidentiality Agreement" for information on the 2 document types);
  • a Compliance Statement in which the person or entity receiving confidential information confirms they have complied with their obligations under the Deed; and
  • an Establishment Kit explaining what to do next.

What information do you need to order a Confidentiality Agreement (Deed) through Cleardocs?

Our checklist outlines all the information your need to order a Deed of Confidentiality.

What purposes are covered?

There are a number of purposes for which parties enter into a Deed of Confidentiality. Commonly, a Deed of Confidentiality is required when parties are in negotiations under a sale of business arrangement and wish to perform due diligence.

The Cleardocs Deed is tailored to suit the circumstances of the parties. Through the question interface, you choose one of the following purposes of disclosure of the confidential information:

  • to enable a party to perform the necessary due diligence in relation to a proposed purchase of the business conducted by the other party;
  • to enable a party to consider purchasing assets from the other party;
  • to enable a party to perform the necessary due diligence in relation to a proposed purchase of some or all of the issued capital in the other party (whether shares, units or other securities);
  • to enable a party to consider entering into a partnership with the other party;
  • to enable a party to consider entering into a joint venture with the other party;
  • to enable a party to consider becoming a franchisee of the other party (or any of its related entities) and, or alternatively, to conduct due diligence in relation to franchises which the other party offers;
  • to enable a party to consider extending any form of financial accommodation to the other party (or any of its related entities);
  • to enable a party to consider investing equity in the other party (or any of its related entities);
  • to enable a party to assist the other party to develop a new product or invention; or
  • to enable a party to disclose confidential information to the other party in the course of their employment relationship, contractual or consultancy dealings.

Alternatively, you can specify a different purpose. As the purpose for entering into a Deed of Confidentiality is varied, you should seek your own independent legal, accounting and financial advice about whether this document is suitable for your particular situation.

Who can be a discloser of confidential information?

The Cleardocs Deed of Confidentiality document package allows for a discloser to be:

  • an individual;
  • a company; or
  • the trustee of a trust.

Is the Deed of Confidentiality package suitable for when there are multiple disclosers?

Yes, but only where the two parties are making disclosures (mutual disclosure).

The Cleardocs Deed of Confidentiality can only be used for two parties. It is suitable for when either one party (one way disclosure) or both parties (mutual disclosure) to the Deed are disclosers. You can nominate on the question interface which situation applies to you and we will tailor the Deed to your circumstances.

The Cleardocs Deed of Confidentiality is not suitable where there are two (or more) disclosers who disclose confidential information to a third party confidant. In this situation, Maddocks recommends that you create a separate deed for each discloser.

Who can receive the confidential information? (or who can be a confidant?)

The Cleardocs Deed of Confidentiality document package allows for a confidant to be:

  • an individual;
  • a company; or
  • the trustee of a trust.

Is the Deed of Confidentiality package suitable for when there are multiple confidants?

Yes, but only where the two parties are receiving disclosures (mutual disclosure).

The Cleardocs Deed of Confidentiality can only be used for two parties. It is suitable for one way or mutual disclosures of information, that is, where both parties disclose and receive confidential information.

The Cleardocs Deed of Confidentiality is not suitable where there are two (or more) confidants who are receiving confidential information from a third party discloser. In this situation, Maddocks recommends that you create a separate Deed to bind each confidant.

One reason for this is, the commencement of the Confidentiality Period for each confidant may differ as the confidential information may be disclosed to some confidants before others. There may also be variations in the purpose for which the confidential information is disclosed.

Seek legal advice

The Deed of Confidentiality information here should be considered general in nature, and in no way interpreted as legal advice. You must always seek your own independent legal, accounting and financial advice about your particular situation. The summary on this page is for information purposes only.

Questions or further information

If you have questions:

  • about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343.
  • about legal issues, contact the Cleardocs helpline on 1300 307 343. If you need advice, we will arrange for you to speak with a lawyer at Maddocks. The firm provides a free legal helpline in relation to the documents Cleardocs provides. If you require other legal advice in relation to your particular circumstances, then this will be charged for.
  • Legal certainty of a Deed
  • The document package complies with the Privacy Act
  • Flexibility - the document package covers a wide range of purposes of disclosure of confidential information
  • Extensive online help and local phone support
  • Easy to use question interface