Non-Disclosure Agreement (Mutual)

A Non-Disclosure Agreement (Mutual) allows you and another party to share confidential information while legally forbidding either party from disclosing that information to any other person or entity.

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Last updated May 28, 2025

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Suitable for Australia

Non-Disclosure Agreement (Mutual)

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What is a non-disclosure agreement (mutual)?

A non-disclosure agreement (mutual) is a legal contract where both parties agree not to disclose each other's confidential information to others. It is used to protect sensitive business information shared during negotiations or collaborations.
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When should you use a non-disclosure agreement (mutual)?

Use a mutual non-disclosure agreement when both parties need to share confidential information, such as during business negotiations, partnerships, or when exploring joint ventures. It is suitable when both sides require protection for their sensitive information.
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What should be in a non-disclosure agreement (mutual)?

A mutual non-disclosure agreement should include a description of confidential information, obligations of both parties, permitted disclosures, duration of confidentiality, return of information, and the governing jurisdiction for disputes.
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Frequently asked questions

Who is this mutual NDA suitable for?

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What types of information does this agreement protect?

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How long does the confidentiality obligation last?

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What happens if someone breaches the agreement?

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Is this agreement valid across Australia?

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Can this NDA be enforced internationally?

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What are the key steps to complete this agreement?

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View Sample Non-Disclosure Agreement (Mutual)

Non-Disclosure Agreement (Mutual)
risk level indicator at Low level

The Legal Risk Score of a Non-Disclosure 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.


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Articles about Non-Disclosure Agreement (Mutual)

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 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.

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.

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

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.

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?

What Happens if an NDA Is Breached?
By Janette Nalbandian|May 24, 2024

What Happens if an NDA Is Breached?

NDAs can be a great way to prevent someone from disclosing sensitive information about your business. But what can you do if your NDA is breached?

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