This Three Way NDA is designed for situations where confidential information needs to be shared and protected between three distinct parties under Australian law. It is commonly used in scenarios such as joint ventures, mergers and acquisitions, consulting arrangements, or complex business transactions where multiple parties need access to sensitive information. The document ensures compliance with Australian privacy laws, corporate regulations, and common law principles while establishing clear protocols for information sharing and protection. It includes comprehensive definitions of confidential information, specific obligations for each party, security requirements, and enforcement mechanisms. This agreement is particularly valuable when dealing with cross-company collaborations, professional services engagements, or multi-party business negotiations where proprietary information needs to be protected while enabling necessary business communications.
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1. Parties: Identifies and provides full details of all three parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the relationship between the three parties and the need for sharing confidential information
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Clearly defines what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Details the core obligations of each party regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Specifies the circumstances under which confidential information may be shared and with whom
7. Security Measures: Outlines the required security measures each party must implement to protect confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Specifies the duration of the agreement and conditions for termination
10. Breach and Remedies: Outlines the consequences of breach and available remedies
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Mutual Non-Solicitation: Prevents parties from soliciting each other's employees or clients, used when parties are competitors or in sensitive business relationships
2. Intellectual Property Rights: Clarifies ownership and rights regarding any IP disclosed or created, used when confidential information includes intellectual property
3. Data Protection Compliance: Specific obligations regarding personal data protection, required when confidential information includes personal data
4. Export Control: Compliance with export control laws, needed when information may be subject to international transfer restrictions
5. Competing Projects: Addresses how parties can work on similar projects with others, useful in competitive industries
6. Insurance Requirements: Specifies required insurance coverage, relevant for high-value or high-risk information
7. Audit Rights: Allows parties to audit compliance with the agreement, useful for highly sensitive information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
3. Schedule 3 - Security Protocols: Specific security measures and procedures required for handling confidential information
4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
5. Appendix A - Information Handling Procedures: Step-by-step procedures for handling, storing, and transmitting confidential information
6. Appendix B - Incident Response Plan: Procedures to follow in case of actual or suspected breach of confidentiality
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