Need to protect your ideas?

Get a Confidentiality Agreement that protects your business & trade secrets.

Confidentiality Agreement

Need to protect your business information?

Whether you need to present your idea to a software developer, potential investor or business partner IT Lawyers Brisbane can draft the right Confidentiality Agreement for you.

IT Lawyers Brisbane can assist you by:

  • identifying the confidential information you want to protect;
  • expressing the purpose for which the information can be used;
  • drafting your agreement;
  • reviewing a Confidentiality Agreement which you have been provided with; and
  • assist by importing the obligations of confidence into your broader commercial contracts if you seek to further the business relationship.

What is a Confidentiality Agreement?

A Confidentiality Agreement is a legal contract used between parties to share sensitive information like business ideas, financial information or trade secrets.

The agreement may be:

  • Unilateral agreements are between two parties. However, only one person has the obligation to keep the information confidential. Unilateral agreements may be of limited purpose because the party receiving the information may not want to provide the discloser with any subsequent information until they are afforded the same protections. Also referred to as a one-way Confidentiality Agreement’
  • Bilateral agreements are probably the most common. They create an obligation of confidence between both parties and allows each to share information. Also referred to as a two-way or mutual Confidentiality Agreement, these are typically used during business negotiations.
  • Multilateral agreements are like Bilateral Confidentiality Agreements, they just have more than two parties.

When to use a Confidentiality Agreement?

Not all information can be protected by copyright, patents or other intellectual property rights. For instance:

  • Copyright does not protect the idea, it only protects the written expression of the idea. Someone can read what you have written and use the idea you expressed, they just can’t copy your text.
  • Patents protect your inventions, however, if your product is short-lived it may be impractical to go through the process of registering the patent. Furthermore, you may want to keep your idea a secret rather than express if as a patent specification.

In each of these cases, the agreement provides you with further protection.
Confidentiality Agreements are very common legal documents. If you are a business owner or entrepreneur, you may ask for one to be signed by your:

  • software developer;
  • public relations or marketing firm;
  • manufacturer;
  • potential investors; or
  • employees and contractors.

In some instances, it may be better to include obligations of confidence as part of a broader contract with the other party.

Should I sign a Confidentiality Agreement?

Well that depends on what it says. As with every contract you should have a lawyer read over it and give you advice. Not only may it restrict what you can do with the information you have been given, it may actually fail to protect the information you give in response. It is not at all uncommon for us to read a legal document and advise our clients not to sign it. Often this is because the other party has used a free template from the internet which simply does not serve its purpose.

Where do I get one?

People search the internet for free Confidentiality Agreement Templates and they usually get what they pay for. Unless you are experienced you probably won’t know if they omit vital information, serve your purpose or are even enforceable. Confidentiality Agreements are not expensive in the whole scheme of things. Contact us today and talk to us about your business idea. We can advise on the right legal documents for you and help you progress your business venture.

Get a Confidentiality Agreement that you can trust

We used to be software developers so we know what you need

Get your Confidentiality Agreement

Contact us today and talk to us about your business, idea or next project.
We can advise if a Confidentiality Agreement is the right document for you and help you get your next business venture off on the right foot.

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