NDA Template for Australia With an AI Clause
Draft a mutual or one-way NDA with your chosen AI restrictions and download it for Word.
Prepare the confidentiality agreement
Particulars to complete
- Agreement type
- AI clause
- Governing state or territory
- Party A legal identity and capacity
- Party B legal identity and capacity
- Party A notice details
- Party B notice details
- Permitted purpose
- Information covered
- Disclosure period
- Confidentiality survival
- Execution instructions
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Create Your NDA
This free Australian NDA template creates a mutual or one-way confidentiality agreement, with an optional clause controlling AI use. Enter the particulars to populate the agreement and its schedule.
Identify both parties by legal name and capacity. Describe the permitted purpose and information, then specify the disclosure period and how long confidentiality continues. Choose the governing state or territory.
The fictional sale example gives Party A the discloser role and Party B the recipient role. It covers six months of disclosures, with confidentiality continuing for five years afterwards. AI processing is banned.
Edit the generated draft directly, then copy it or download a Word-compatible RTF file. Exports retain your edits and the schedule. Changing a particular regenerates the draft and replaces direct edits.
This draft suits ordinary commercial disclosures in Australia. Have a lawyer tailor it for employment, acquisitions or disclosures subject to court orders. Review consideration, execution and mandatory disclosure rights before signing.
Business Queensland’s confidentiality agreement checklist explains the parties, information and duration issues to settle. The tool processes entries locally, without uploading or saving them in browser storage.
The AI Use Clause
The AI clause gives the recipient an express rule for processing confidential information in AI systems. Choose one of the following restrictions, or omit the specific clause.
- Ban AI processing. The recipient and people acting for it cannot put the information into an AI system, including through connected applications.
- Allow approved enterprise tools. List the approved products and accounts, with access and retention conditions. Provider terms and settings must prohibit model training or improvement using the information.
- Require prior written consent. The discloser must approve the information and proposed AI use in writing, including training restrictions and retention conditions, before processing starts.
General NDA wording controls use and disclosure without spelling out AI processing, provider retention or model training. Silence leaves those points to interpretation. Existing confidentiality duties still apply if you omit the AI clause.
An enterprise label alone establishes none of the contractual protections in this draft. The approved-tools option requires the recipient to verify the provider’s terms and effective settings before use.
The OAIC’s guidance on commercially available AI explains the privacy risks of entering personal information. Permission under an NDA does not replace privacy duties or override court restrictions.
Mutual or One-Way
Use a mutual NDA when both parties will disclose confidential information. Each party becomes the discloser or recipient for the information it shares or receives.
A joint venture discussion often needs mutual protection because both businesses share financial records and plans. A proposed sale can be one-way when only the seller supplies records, or mutual if the buyer also shares confidential financing information.
For an expert engagement, a one-way agreement can protect the client’s records disclosed to the expert. If the expert also shares confidential methods, consider mutual obligations and reconcile them with the engagement terms.
In this generator’s one-way agreement, Party A discloses and Party B receives. The non-disclosure agreement guide explains the wider obligations and exceptions.
Confidentiality Agreement or NDA
A confidentiality agreement and a non-disclosure agreement are names for the same type of contract. The terms and execution determine its effect.
A deed is a different legal form. It can be useful when consideration is absent or uncertain, including some one-way undertakings. State-specific execution and delivery requirements need separate drafting.
This generator produces an agreement. Changing its heading to “deed” does not complete those requirements. Use the confidentiality deed guide to assess that alternative before settling the execution wording.