All templates

NDA Template for Mortgage Brokers

Build a one-way or mutual confidentiality agreement for your brokerage, then edit and copy the draft.

Parties

Entity type, ABN or ACN, address and authorised signatory.

Entity type, ABN or ACN, address and authorised signatory.

Disclosure

Disclosure direction

One-way means Party 1 discloses to Party 2.

Name the proposed transaction or work the recipient can assess.

Describe categories and portfolio references. Leave client identifiers out.

Record permitted data, access controls and the lawful basis for sharing.

Term and Return

Whole years from each disclosure, from 1 to 100.

Calendar days after a request or discussions ending, from 1 to 365.

Your confidentiality agreement

Details to complete

Complete the form, then review the signing checklist below.

Form changes update the draft. Editing the draft pauses replacement.

Before signing

  • Confirm both legal entities and the signatories' authority.
  • Check the purpose, protected information and permitted recipients.
  • Establish a lawful basis for any client information disclosure.
  • Agree the term, return deadline and governing law.
  • Have your lawyer review the terms and execution method.
Your entries stay in this browser. Save the document before leaving.
CONFIDENTIALITY AGREEMENT One-way NDA Draft for legal review. Complete all blank lines and review the terms before signing. 1. PARTIES AND AGREEMENT Party 1: ____________________ Party 1 details: ____________________ Party 2: ____________________ Party 2 details: ____________________ Agreement date: ____________________ In consideration of the disclosure or proposed disclosure of confidential information for the permitted purpose, the parties agree to these terms. Party 1 is the discloser. Party 2 is the recipient. The recipient owes the duties below to the discloser. 2. PERMITTED PURPOSE ____________________ The recipient must use confidential information only for this purpose. This agreement gives no right to contact clients, transfer trail rights or proceed with a transaction. 3. CONFIDENTIAL INFORMATION ____________________ Confidential information includes copies and analyses that reveal the information described above. Record any additional categories in writing with both parties' agreement. 4. CONFIDENTIALITY AND ACCESS The recipient must keep the information confidential and take reasonable steps to protect it against unauthorised access, use or disclosure. Access is limited to personnel and professional advisers who need it for the permitted purpose and are bound by confidentiality duties. The recipient is responsible for their handling of the information. Any other disclosure needs the discloser's prior written permission, subject to clause 5. No intellectual property licence is granted beyond the use needed for the permitted purpose. 5. EXCLUSIONS AND LAWFUL DISCLOSURES The duties do not apply where the recipient can demonstrate one of these exclusions. - The information was already lawfully known without a confidentiality restriction. - It was independently developed without using the discloser's information. - It became public without a breach. - Another source lawfully supplied it without a confidentiality restriction. A disclosure required by law or a court order is permitted. Where lawful, the recipient must give advance notice and disclose only what is required. Nothing in this agreement prevents a protected whistleblower disclosure, a lawful report to a regulator or police, or obtaining confidential legal advice. A protected disclosure does not require the other party's permission or advance notice. 6. CLIENT PERSONAL INFORMATION ____________________ This agreement does not itself authorise disclosure of personal information. Each party must comply with applicable privacy law and establish a lawful basis before any personal information is shared. Use de-identified or aggregate information where possible and restrict access to the agreed purpose. Do not upload the information to an AI service or another third party without prior written authorisation and any permissions required by law. 7. DURATION The duties of confidentiality and restricted use continue for ____________________ years from each disclosure, subject to the exclusions below. Ending the discussions does not end duties that continue under this clause. Applicable statutory obligations continue independently of this agreement. 8. RETURN OR DESTRUCTION When the discloser requests it or discussions end, the recipient must stop use and, within ____________________ calendar days, return or securely destroy the information and copies. Confirm the action in writing. This is subject to retention required by law and inaccessible routine backups held only until normal deletion. Each retained copy remains confidential and restricted from further use. Delete it when lawful retention ends. 9. SUSPECTED BREACH The recipient must promptly notify the discloser of suspected unauthorised access, use or disclosure and take reasonable steps to contain it and preserve evidence. The parties must cooperate on any privacy response required by law. A party may seek remedies available under applicable law, including an injunction or damages. This clause promises no particular court outcome or automatic payment. 10. GOVERNING LAW AND CHANGES The laws of ____________________ and applicable Commonwealth law govern this agreement. The parties submit to the non-exclusive jurisdiction of its courts and courts hearing appeals from them. Any change to this agreement must be recorded in writing and agreed by both parties. EXECUTION For Party 1: ____________________ Signatory's full name and capacity: ____________________ Signature: ____________________ Date signed: ____________________ For Party 2: ____________________ Signatory's full name and capacity: ____________________ Signature: ____________________ Date signed: ____________________ Confirm the execution method and any witness requirements with your lawyer before signing.

When a Brokerage Needs an NDA

An NDA template records who can receive your brokerage's confidential information and what they can use it for. Sign the agreement before sharing material for a trail book sale, aggregator negotiation, proposed partnership or contractor engagement. Describe the information by category, with anonymised portfolio references where possible.

A prospective buyer might need trail history and loan-book figures to assess a purchase. An aggregator negotiation can involve commission terms or business plans. A partner or contractor might need access to internal processes. Give each disclosure a specific purpose and limit access to the people who need it.

This free NDA template is a starting point for an Australian brokerage transaction. Obtain legal review before using it for a sale or signing it. Your lawyer can assess the parties, consideration and execution method. The form does not decide whether an agreement is enforceable in your circumstances.

The agreement covers confidentiality during discussions. A sale requires its own transaction terms. Staff employment agreements and workplace confidentiality settlements need documents suited to that relationship.

NDA vs Confidentiality Agreement

A non-disclosure agreement and a confidentiality agreement are names for the same type of document in Australia. IP Australia's NDA guidance uses both names. The wording of the obligations decides what information is protected and how it can be used.

Choose One-way when only Party 1 shares confidential information with Party 2. For example, a seller discloses trail schedules to a prospective buyer. Choose Mutual when both sides share information they want protected, such as brokerages discussing a partnership. The mutual version applies the same recipient duties to each side.

A mutual confidentiality agreement still needs a defined purpose and clear information categories. It also needs workable access, return and retention terms. The label alone does not establish that the agreement suits the transaction.

Complete the Template

Enter the parties and disclosure terms to assemble an editable confidentiality agreement. The initial document has blank lines for unanswered fields. Load example fills the form with invented sole traders discussing Example Portfolio A. It uses a three-year confidentiality period and a 14-calendar-day return deadline, with New South Wales as the chosen law.

  1. Enter each party's full legal name. In the details field, record the entity type, business identifiers, address and signatory's capacity. For a trading name, identify the legal entity behind it. The example's ABNs remain to be completed before signing.
  2. Select One-way or Mutual. Enter the permitted purpose, such as assessing a particular trail book purchase. The recipient's use is restricted to that purpose.
  3. Describe the information covered, including any oral disclosures. Use categories such as de-identified trail schedules, commercial terms and due diligence notes. Keep client names and loan identifiers out of this builder.
  4. Record the client information rules. Identify what can be shared, the permitted recipients and the lawful basis for any personal information disclosure. Specify access controls and restrictions on onward sharing.
  5. Select a fixed confidentiality period or While confidential. A fixed period runs from each disclosure. Enter the return deadline in calendar days. The form accepts 1 to 100 whole years and 1 to 365 days as tool limits, without recommending a legal duration.
  6. Choose the governing state or territory. For an NDA in NSW, select New South Wales. This records the parties' choice of law. It does not provide a state-approved form or decide the correct law for your transaction.
  7. Review the draft and signing checklist. Edit the text directly if needed. Editing pauses replacement from the form, so later form changes preserve your edits. Discard edits and rebuild applies the current form again.

Complete the form before using Copy agreement, Download text file or Print or save PDF. These actions use the document displayed in the editor, including your changes. Paste copied text into Word or another document editor to format it. The download is an editable text file. Printing opens your browser's print dialog.

Your entries and document stay in this browser. The builder sends no form data and has no draft storage. Save a copy before closing the page. Clear form removes both the entries and your document edits.

Client Information Needs Its Own Lawful Basis

An NDA does not itself authorise the disclosure of client personal information. The Office of the Australian Information Commissioner (OAIC) explains the privacy rules for a business sale. A business covered by the Privacy Act must meet its disclosure obligations during due diligence.

Start with de-identified or aggregate figures. Removing names alone can leave clients identifiable through loan references or combinations of details. Before sharing identifiable records, establish a lawful basis and document the permitted access. Limit the data to what the buyer needs. Address any relevant aggregator or lender restrictions separately.

The draft includes privacy duties and restrictions on onward disclosure, including uploads to AI services. Written permission from a business does not replace any client consent or other authority required by law. Required legal retention continues after return or destruction, with retained material still protected.

What Happens If an NDA is Broken

A breach of an NDA can lead to a claim for damages or an application for an injunction to stop disclosure or misuse. The agreement, evidence and applicable law decide what remedies are available. Business Queensland's confidentiality guidance explains fixed or continuing obligations and the role of injunctive relief. A clause does not guarantee a court order or an automatic payment.

If you suspect a breach, restrict further access and preserve the agreement, disclosure records and access logs. Contact your lawyer promptly about containment and available remedies. A leak involving personal information also needs a privacy incident assessment, separate from any contract claim.

How long an NDA lasts depends on its terms and the information it covers. This builder lets you choose a fixed number of years from each disclosure or duties that continue while the information remains confidential. Ending negotiations does not end duties that the agreement says continue. Information that becomes public without a breach can fall within an exclusion.

The draft permits disclosures required by law and preserves protected reports. ASIC's whistleblower guidance explains protections where the statutory criteria are met. Have your lawyer review the final document and signing method before either party shares information under it.

Track My Trail Team

Read more

We develop software to simplify trail book management for mortgage brokers. Our tools provide fast and practical insights to help brokers get the most out of their trail books.