Many commercial arrangements involve the disclosure of confidential information and the exchange or collection of data by one or more parties. The challenges in protecting information lies in clear and precise drafting of appropriate obligations. This session will clarify the difference between confidentiality and privacy which is often misunderstood, and provide a guide to drafting appropriate protections for information, including:

• When are confidentiality clauses appropriate?
• When to use a preliminary or stand-alone non-disclosure agreement and what it should cover
• Key elements of confidentiality clauses and drafting tips
• Distinguishing confidentiality from privacy and an overview of the Australian privacy regimes and requirements
• Appropriate contractual clauses for data collection, access and disclosure
• Tips for protecting data moving into the hands of third parties through contractual provisions