FastPASS

A confidential disclosure agreement (CDA) also known as a non-disclosure agreement (NDA) regulates how confidential information is disclosed by one party to another for a specified purpose. Confidential information typically includes commercially valuable information, intellectual property, ideas or concepts, techniques and know how.  A confidentiality agreement outlines the obligations and responsibilities of the parties involved, including:

• preventing unauthorised disclosure of confidential information to third parties without consent of the disclosing party;
• return or destruction of confidential information at the conclusion of discussions.

A confidentiality agreement is typically used when parties need to disclose confidential information in discussions to explore opportunities for collaborating on future research projects or future business opportunities.  It is vital to ensure that a confidentiality agreement is signed before disclosing the confidential information.

The UNSW confidentiality agreement templates cover the following circumstances:

• One-Way Confidentiality Agreement (UNSW Discloser): only UNSW is disclosing confidential information to the external party;
• One-Way Confidentiality Agreement (UNSW Recipient): the external party is disclosing confidential information) to UNSW;
• This agreement - Mutual Multi-party Confidentiality Agreement - UNSW Recipient and Disclosure: UNSW and one or more external parties disclose confidential information to each other.

A confidentiality agreement can be signed on behalf of UNSW by an appropriate delegate. Typically, a confidentiality agreement related to research projects would be signed by the Director of Research Grants and Contracts. Confidentiality agreements with industry partners that may lead to potential commercial business opportunities would be signed by the Director, Business Development and Commercialisation.