Protect your confidential information with a professionally drafted Non-Disclosure Agreement. Our AI customises it with your company details and sends it for electronic signing. No Word editing required.
Clear scope of what information is protected, including trade secrets, business plans, and technical data.
Specific duties of the receiving party including non-disclosure, limited use, and return of materials.
Standard exclusions for publicly available information, independent development, and legally compelled disclosure.
Configurable agreement term with options for indefinite trade secret protection.
Injunctive relief and damages clauses to protect your interests if confidentiality is breached.
Governed by the laws of your chosen Australian state or territory with appropriate jurisdiction clauses.
Protect your idea before pitching to investors, co-founders, or potential partners.
Ensure freelancers and consultants cannot share proprietary information.
Share sensitive business data during due diligence without risking exposure.
Include confidentiality obligations as part of the employment process.
Select the NDA template from our library. No download or Word editing needed.
Our Gemini-powered AI fills in your company name, ABN, and terms. Every [INSERT] placeholder is replaced automatically.
Review the finished NDA, add your recipient, and send. They sign electronically from any device.
A Non-Disclosure Agreement (NDA), also called a confidentiality agreement, is a contract that stops a person or business from sharing or misusing information you give them. In Australia it is one of the most common commercial documents, because it lets two parties talk openly about sensitive matters (a product idea, financial figures, a customer list, source code, a deal under negotiation) without the discloser losing control of that information. The NDA turns a casual promise to keep quiet into an enforceable legal obligation.
Sign an NDA before you reveal anything you would not want a competitor to see. Typical triggers include pitching to investors or co-founders, engaging a contractor or agency who will touch your systems, exploring a partnership or acquisition, hiring staff who will handle trade secrets, or sending a manufacturer your designs for a quote. The rule of thumb is simple: if the conversation could damage you when it leaks, get the NDA signed first. An NDA signed after the information is out offers far weaker protection.
A workable NDA defines confidential information clearly (broad enough to cover what matters, specific enough to be enforceable), states the purpose for which the information may be used, and sets out the receiving party's obligations: keep it secret, use it only for the agreed purpose, limit access to people who need to know, and return or destroy materials on request. It should list the standard exclusions (public information, prior knowledge, independent development, legally compelled disclosure), set a sensible term, and specify the governing law and jurisdiction (usually the state where your business operates). Remedies for breach, including the right to seek an injunction, round out a strong agreement.
An NDA is an ordinary contract, not a deed, so it does not need a witness and does not require any special execution wording. Each party signs, and the agreement is binding once there is mutual assent and consideration. Electronic signatures are recognised under the Electronic Transactions Act 1999 (Cth), which means an NDA signed through SignAndGo carries the same legal weight as a wet-ink version, with the added benefit of a tamper-evident audit trail recording who signed, when, and from where. If you need the longer limitation period and the no-consideration enforceability of a deed, consider a confidentiality deed instead.
The most frequent errors are defining confidential information so vaguely that a court cannot tell what is covered, setting a term so long that it looks unreasonable, forgetting to include the standard carve-outs, and choosing a one-way NDA when information will actually flow both ways. People also sign NDAs after the disclosure has already happened, or rely on a verbal promise that is almost impossible to prove later. A clear, mutual where appropriate, properly executed NDA avoids all of these traps.
This page is general information about NDAs in Australia and is not legal advice. Laws and circumstances vary. For high-value or complex arrangements, seek advice from a qualified Australian lawyer.
A one-way (unilateral) NDA protects information flowing from one party to another, for example when you disclose an idea to a potential investor who discloses nothing back. A mutual (bilateral) NDA protects information shared in both directions, which suits partnership talks or joint development where each side reveals sensitive material. The template supports both, and you choose the direction during AI customisation.
Yes. An NDA is a contract and is binding when there is an offer, acceptance, an intention to create legal relations, and consideration (something of value exchanged). Electronic signatures are valid under the Electronic Transactions Act 1999 (Cth) and the matching state and territory legislation, so a digitally signed NDA is as enforceable as a paper one.
Most commercial NDAs run for one to five years after disclosure. Trade secrets can be protected for as long as the information stays secret, so many NDAs carve those out for indefinite protection. Set a period that is reasonable for the information involved, because a court may not enforce a term that is unreasonably long for ordinary business data.
No. An NDA is an ordinary agreement, not a deed, so it does not require a witness. Each party simply signs. If you want the stronger enforceability and longer limitation period that comes with a deed, use a confidentiality deed instead, which is executed differently.
Standard carve-outs cover information that is already public, information the receiving party already knew, information independently developed without using the disclosed material, and information that must be disclosed by law or court order. These exclusions keep the NDA reasonable and enforceable.
Yes. SignAndGo uses AI to fill in your company name, ABN, the parties, the definition of confidential information, and the term. Every placeholder is replaced with your real details before the PDF is generated, so there are no brackets left to edit.