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Cyber Security Non Disclosure Agreement for Australia

Cyber Security Non Disclosure Agreement Template for Australia

An Australian-law governed non-disclosure agreement specifically designed for protecting sensitive cybersecurity information, including security vulnerabilities, threat intelligence, incident response procedures, and security architecture details. The document incorporates requirements from Australian privacy and data protection laws, including the Privacy Act 1988 and Security of Critical Infrastructure Act 2018, while providing robust confidentiality protections for sharing sensitive security-related information between parties. It includes specific provisions for digital security protocols, breach notification procedures, and handling of security-sensitive data.

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What is a Cyber Security Non Disclosure Agreement?

This Cyber Security Non Disclosure Agreement is essential for organizations sharing sensitive security information in Australia, including vulnerability assessments, threat intelligence, security configurations, and incident response procedures. It is particularly relevant in contexts where parties need to exchange detailed information about security systems, potential vulnerabilities, or cyber threats while ensuring strict confidentiality and compliance with Australian laws such as the Privacy Act 1988 and Security of Critical Infrastructure Act 2018. The agreement incorporates specific provisions for digital security protocols and breach notification procedures, making it suitable for both technical and business stakeholders involved in cybersecurity information sharing, security assessments, or collaborative security projects.

What sections should be included in a Cyber Security Non Disclosure Agreement?

1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses

2. Background: Context of the agreement, purpose of sharing cyber security information, and relationship between the parties

3. Definitions: Detailed definitions including 'Confidential Information', 'Cyber Security Information', 'Security Incident', 'Authorized Personnel', 'Security Systems', and other relevant terms

4. Scope of Confidential Information: Specific types of cyber security information covered, including security vulnerabilities, threat intelligence, incident response procedures, and security architectures

5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted uses of the confidential information

6. Security Requirements: Specific security measures required for protecting the confidential information, including digital security protocols

7. Authorized Personnel and Access: Requirements for personnel access, security clearances, and training requirements

8. Breach Notification: Procedures for reporting potential or actual breaches of confidentiality

9. Return or Destruction of Information: Requirements for handling confidential information upon termination or request

10. Term and Termination: Duration of the agreement and termination provisions

11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Cyber Security Non Disclosure Agreement?

1. Third Party Disclosure: Include when information may need to be shared with authorized third parties such as security consultants or regulators

2. International Data Transfer: Include when confidential information may be transferred across borders

3. Incident Response Cooperation: Include when parties need to collaborate on cybersecurity incident response

4. Insurance Requirements: Include when specific cyber insurance coverage is required

5. Penetration Testing Rights: Include when security testing permissions need to be explicitly granted

6. Competitive Restrictions: Include when parties are competitors or when information could provide competitive advantage

7. Survival Clause: Include when specific obligations need to survive termination of the agreement

What schedules should be included in a Cyber Security Non Disclosure Agreement?

1. Schedule A - Specific Confidential Information: Detailed list of specific cyber security information, systems, or data covered by the agreement

2. Schedule B - Security Standards and Protocols: Technical requirements for information security, including encryption standards, access controls, and security measures

3. Schedule C - Authorized Personnel: List of personnel authorized to access the confidential information and their security clearance levels

4. Schedule D - Incident Response Procedures: Detailed procedures for handling and reporting security incidents or breaches

5. Appendix 1 - Contact Information: Contact details for key personnel responsible for security and breach notifications

6. Appendix 2 - Compliance Certification Form: Template for periodic certification of compliance with security requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Ƶ

Sector

Cost

Free to use

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