Confidentiality Agreement (Mutual)

This Confidentiality Agreement (Mutual) allows you and another party to share confidential information while legally forbidding the other party from disclosing that information to any other person or entity.

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Last updated February 24, 2025

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Suitable for Australia

Confidentiality Agreement (Mutual)

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What is a confidentiality agreement (mutual)?

A confidentiality agreement (mutual) is a legal contract where both parties agree not to disclose each other's confidential information to third parties. It protects sensitive information shared between the parties during their business relationship.
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When should you use a confidentiality agreement (mutual)?

Use a mutual confidentiality agreement when both parties will be sharing confidential information and want to ensure legal protection against unauthorised disclosure. It is suitable for collaborations, partnerships, or negotiations involving sensitive information.
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What should be in a confidentiality agreement (mutual)?

A mutual confidentiality agreement should include a description of confidential information, obligations of both parties, permitted disclosure circumstances, duration of confidentiality, and procedures for returning or destroying information at the end of the agreement.
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Frequently asked questions

What is a confidentiality agreement (mutual)?

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When should you use a confidentiality agreement (mutual)?

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What should be in a confidentiality agreement (mutual)?

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Who should sign this agreement?

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What types of information can be protected?

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What protections does this agreement offer if there is a breach?

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Is this agreement enforceable outside Australia?

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View Sample Confidentiality Agreement (Mutual)

Confidentiality Agreement (Mutual)
risk level indicator at Low level

The Legal Risk Score of a Confidentiality Agreement (Mutual) Template is Low

Our legal team have marked this document as low risk considering:

  • There is a risk that confidential information may be inadvertently disclosed by one party, potentially leading to financial or reputational damage.
  • Information might be wrongly classified as non-confidential, either due to misunderstanding or oversight, which could lead to unauthorized use or disclosure.
  • The agreement specifies a jurisdiction that will govern the agreement and handle disputes, which might not be favorable or convenient for all parties involved, potentially leading to complications in legal proceedings.

Articles about Confidentiality Agreement (Mutual)

3 Things to Do After Completing Your NDA (Mutual)
By Jackie Olling|Sep 7, 2020

3 Things to Do After Completing Your NDA (Mutual)

A mutual NDA will prevent both parties from leaking confidential information. Find out what to do after completing your NDA (mutual) here.

Should You Use A Mutual or One-Way NDA? (2025 Update)
By Justin Pasqualino|Jan 8, 2025

Should You Use A Mutual or One-Way NDA? (2025 Update)

As a business owner, it's important to protect your confidential information in every context. Find out the difference between one way and mutual NDAs here.

Top 5 Enforceability Issues For NDAs
By Justin Pasqualino|Nov 19, 2018

Top 5 Enforceability Issues For NDAs

There are many instances where an NDA won't be enforced - here's how to make sure it holds up.

5 Common Mistakes Startups Make When Using NDAs
By Ananya Singh|Feb 12, 2016

5 Common Mistakes Startups Make When Using NDAs

Learn about common mistakes you should avoid when using a Non-Disclosure Agreement.

How to Define Confidential Information in NDAs
By Jakub Grzybowski|Nov 21, 2025

How to Define Confidential Information in NDAs

Defining NDA Confidential Information correctly. Here's why it's important.

3 Other Claims When an NDA Is Breached
By Jakub Grzybowski|Dec 3, 2025

3 Other Claims When an NDA Is Breached

What claims can arise from the breach of an NDA

Can I Enforce an NDA Overseas?
By Ilyas Omari|May 14, 2025

Can I Enforce an NDA Overseas?

Want to keep your business information confidential when working with overseas parties? This article explains how to enforce an overseas NDA.

What to Do If NDA Information Is Breached
By Justin Pasqualino|Nov 21, 2025

What to Do If NDA Information Is Breached

Signing an NDA means that you're obliged not to disclose any sensitive information, but what if you breach an NDA and it's not exactly your fault?

How to Maintain Confidentiality in the Workplace
By Mai Sarkissian|May 27, 2024

How to Maintain Confidentiality in the Workplace

Maintaining confidentiality in the workplace is important. Read on to learn how to protect your businesses confidential information.

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