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ARTICLE · 08 APRIL 2013

Confidentiality Agreements

Most, if not all, businesses have secret information that gives them a competitive edge or expertise in their trading field.

AustraliaCorporate/Commercial Law
Stephen Rockliff
Stephen Rockliff

Most, if not all, businesses have secret information that gives them a competitive edge or expertise in their trading field. Guarding those secret may be essential to conducting their successful business. However, some degree of disclosure is inevitable. Employees will need to be kept in the loop and as the business grows, confidential information may need to be disclosed to potential business partners, suppliers, ex-boarders, clients and financial distributors.

Confidentiality Agreements are used in a variety of fields to ensure that confidential information stays confidential. In these agreements, the recipient of information undertakes to keep it confidential and indemnifies the disclosure against any liabilities and damages they may suffer if the information is disclosed, without authorisation. These agreements may operate in a one way fashion. For example, an employer may disclose confidential information to an employee who is under an obligation not to disclose

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