How an Australian NDA differs structurally
AU NDAs use the Commonwealth Background block (paragraphs (A), (B)) rather than US WHEREAS recitals. Numbered sub-clauses (1.1, 1.2, 1.3) replace the US flat-numbering style. The closing typically uses "EXECUTED as a deed" for higher-stakes confidentiality, or "Signed by [Party] in the presence of [Witness]" for ordinary execution. Our generator outputs all of this when "Australia" is selected.
Privacy Act + APP considerations
When the confidential information includes personal information about Australian individuals, the Privacy Act 1988 (Cth) + Australian Privacy Principles (APPs) apply alongside the NDA. APP 6 governs use and disclosure; APP 8 governs cross-border disclosure. Our template adds an explicit reference to APP compliance when Australia is the chosen jurisdiction.
When to use a deed vs an agreement
Under Australian law, a contract requires consideration; a deed does not. For unilateral NDAs where one party is providing all the information (no clear quid pro quo), executing as a deed avoids consideration arguments. Each state has slightly different deed-execution rules (e.g. NSW under Conveyancing Act 1919) — our Pro tier supports both formats.