Deed of Confidentiality, Privacy and Non-Solicitation

Description

Last updated 29 July 2025

If you are a practice manager engaging workers under an employment or contractor agreement, you may need a mechanism to protect the confidential information of the practice and the personal information of its clients once the employment or contractor agreement ceases. A deed of confidentiality, privacy, and non-solicitation continues (potentially indefinitely) after the period of employment and contracting ceases.

Terms around confidentiality:

• Protect misuse and disclosure of confidential information held by the Practice; including
  • intellectual property (including templates, tests and measures, and practice resources); 
  • commercially sensitive information (including referrers and client lists);
  • financial information;
  • business growth prospects; and,
  • a range of other data categories not in the public domain. 
• Permit the practice to require previous workers to return all protected materials and provide a full accounting for their use. 
• Requires workers to make an enforceable undertaking only to use confidential information for their required purpose. 
• Protects common law rights (eg. breach of fiduciary duty, damages).

Terms around privacy:

• Protect misuse and disclosure of personal information of clients and other engaged workers of the practice;
• Requires workers to make an enforceable undertaking only to use personal information held by the practice for its primary purpose. 

Terms around non-solicitation prevent ceased workers from soliciting existing clients and referrers of the practice. 

Note: There is quite an increasing body of law in relation to the enforceability (or non-enforceability) of non-compete clauses. Additionally, the Federal government has announced in its 2025-2026 budget that it will be banning non-compete clauses along with non-poaching clauses (to the extent that the non-poaching clauses relate to engaged workers). However, non-solicitation clauses in relation to existing clients and referrers remain relatively non-controversial as long as they are commercially reasonable and clearly protect an established interest of the practice. The non-solicitation clauses in this template relate specifically to solicitation of existing clients and referrers of the practice. Additionally, given that some professions impose an ethical duty on practitioners in relation to continuity of client care, there are mechanisms reflecting this in the template. 

You can find out more in the article Why Health Practices Need a Deed of Confidentiality, Privacy and Non-Solicitation.

Our templates are drafted in plain English. We don’t use complex legalese or longwinded definitions. Our templates are designed to be relied on by busy practitioners to keep things fair, compliant and simple.

Jurisdiction: Australia (all States and Territories) (Not suitable for use outside Australia).

Who Can Use It?

This product is suitable for any Allied Health practice seeking to retain employees or contractors under an associated engagement agreement.

What Is Included?

This Product is a digital download. Purchase provides access to:

• Single editable word document (.docx format) with a range of optional clauses.

Purchase provides a single license for use by the purchasing party. The product may be implemented on a website as the terms of use to be relied on by online booking software.

How Do I Use it?

How Long Will I Have Access For?

GST