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While privacy is governed by the Privacy Act, confidentiality isnt covered by a specific law. Instead, it comes from common law. This just means how confidentiality is defined and enforced depends on how you set it out in your contract. Theres no specific legislation telling you how you need to do this.
Consideration should be given to whether the confidentiality agreement should be executed as a deed. The form of the confidentiality agreement will depend on the reason for the provision of the confidential information and the nature of the relationship between the parties.
An NDA is considered a legally binding contract in Australia. Courts have historically upheld them as enforceable legal documents so long as they comply with other laws. However, its important to note that employment laws and other regulations that affect NDAs can change.
Examples of confidential information include a persons phone number and address, medical records, and social security. Companies also have confidential information such as financial records, trade secrets, customer information, and marketing strategies.
Confidential information refers to information that is not in the public domain, including business information and anything else you regard as confidential. Trade secrets are considered under confidential information, and can include all types of technical information.
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Personal Confidential Information or PCI. PCI means any information that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, medical or employment history, and statements
A confidential relationship means that at least one party has a duty not to disclose the relevant knowledge without authorization. In general, a non-disclosure agreement can be categorized as either a unilateral or mutual/bilateral NDA. In unilateral NDAs, only one party agrees not to disclose classified information.
1.2 Confidential Information means information furnished by the disclosing party, whether orally, in writing, electronically, in other tangible form or format, or through or by observation, and identified as confidential or proprietary or otherwise disclosed in a manner such that a reasonable person would understand

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