What is an NDA?
A Non-Disclosure Agreement (NDA) — also called a confidentiality agreement — is a legally binding contract that prevents one or more parties from disclosing confidential information to third parties. In Australia, NDAs are enforceable under common law contract principles.
When do you need an NDA?
You need an NDA whenever you're sharing sensitive business information with someone who isn't legally obligated to keep it secret. Common use cases include: sharing a business idea with a potential partner or investor, hiring a contractor or consultant, discussing a potential acquisition or merger, or engaging suppliers who will have access to proprietary processes.
What should an Australian NDA include?
A robust Australian NDA should define what counts as confidential information, set out the obligations of the receiving party, specify the permitted uses of the information, state the duration of the confidentiality obligation (typically 2–5 years), include carve-outs for publicly available information, and specify which state's laws govern the agreement.
How to use this template
Click the 'Customise your NDA' button above. Fill in the party names, governing state, and duration. The generator will produce a complete, formatted NDA you can download as a PDF or copy as text. No account required.