Agreement · Commercial & Corporate Advisory
Mutual confidentiality agreement (Australian law) with AI-tool use restrictions
Original Australian-law mutual NDA for commercial discussions. It covers permitted use and disclosure, personal information and data breaches, return or destruction, and when confidential information may be put into AI tools.
- Kind
- Agreement. A contract between two or more parties.
- Where it applies
- Australia
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked on 17 October 2026 against the 5 authorities it cites, for Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use before two businesses exchange confidential information to explore a deal, supply or collaboration. For a listed target, a process with competitors or one-way disclosure, use the optional clauses or a dedicated deal NDA.
How AI may be used
AI may compare a counterparty NDA with this form and suggest mark-up. A lawyer decides which positions to accept for the client.
AI may
- Produce a clause-by-clause comparison of the counterparty’s NDA against this precedent and the client’s playbook
- Suggest drafting for gaps such as missing AI-tool or personal information clauses
- Check defined terms, cross-references and party details
AI must not
- Must not accept or reject counterparty changes on the client’s behalf
- Must not load the counterparty’s confidential information into a tool that breaches the very restrictions being negotiated
- Must not remove the Privacy Act or securities clauses without lawyer review
The lawyer checks
- Purpose clause is narrow enough to protect the client and wide enough for the actual project
- AI-tool clause matches the tools each party will actually use
- Competition, insider trading and unfair contract terms risks considered for this counterparty
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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