This Bilateral NDA template is designed for use in Canadian jurisdictions when two parties need to share confidential information with each other in the course of their business relationship. The agreement is particularly useful for business discussions, negotiations, due diligence processes, or collaborative projects where both parties need to disclose sensitive information. It incorporates key requirements under Canadian federal and provincial laws, including considerations for PIPEDA compliance when personal information is involved. The document provides comprehensive protection for various types of confidential information, including trade secrets, proprietary information, technical data, and business strategies, while ensuring enforceability under Canadian law. This template is structured to be adaptable for various business contexts while maintaining robust protection for both parties' confidential information.
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1. Parties: Identification of both parties entering into the NDA, including full legal names and addresses
2. Background: Context for the agreement, including the purpose of sharing confidential information and the nature of the parties' business relationship
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Affiliate'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core mutual obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and as required by law
7. Standard of Care: Required level of care in protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Survival: Obligations that continue after termination of the agreement
11. Remedies: Available remedies in case of breach, including injunctive relief
12. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Additional provisions for compliance with PIPEDA and other privacy laws when personal information may be involved
2. Security Requirements: Specific technical and organizational security measures required for protecting digital information
3. Export Controls: Provisions dealing with export control regulations when information may cross borders
4. Competitive Restrictions: Non-compete or non-solicitation provisions, if relevant to the business relationship
5. Special Handling Requirements: Specific procedures for handling particularly sensitive information
6. Residual Knowledge: Provisions addressing the use of general knowledge retained by recipients
7. Force Majeure: Provisions for handling confidentiality obligations during extraordinary circumstances
8. Insurance Requirements: Obligations to maintain specific insurance coverage for data breaches or confidentiality breaches
1. Schedule A - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule B - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule D - Notice Requirements: Contact information and procedures for required notices under the agreement
Relevant legal definitions
Agreement
Affiliate
Authorized Purpose
Business Day
Confidential Information
Disclosing Party
Effective Date
Electronic Form
Excluded Information
Information Security Breach
Intellectual Property Rights
Notice
Permitted Recipients
Personal Information
Pre-Existing Information
Receiving Party
Representatives
Residual Information
Security Requirements
Subsidiary
Term
Third Party
Trade Secrets
Affiliate
Authorized Purpose
Business Day
Confidential Information
Disclosing Party
Effective Date
Electronic Form
Excluded Information
Information Security Breach
Intellectual Property Rights
Notice
Permitted Recipients
Personal Information
Pre-Existing Information
Receiving Party
Representatives
Residual Information
Security Requirements
Subsidiary
Term
Third Party
Trade Secrets
Clauses
Confidentiality
Non-Disclosure
Information Security
Data Protection
Access Rights
Return of Information
Permitted Use
Term and Termination
Survival
Remedies
Governing Law
Dispute Resolution
Force Majeure
Assignment
Notices
Entire Agreement
Severability
Amendment
Waiver
Indemnification
Counterparts
Privacy Compliance
Export Control
Intellectual Property
Non-Disclosure
Information Security
Data Protection
Access Rights
Return of Information
Permitted Use
Term and Termination
Survival
Remedies
Governing Law
Dispute Resolution
Force Majeure
Assignment
Notices
Entire Agreement
Severability
Amendment
Waiver
Indemnification
Counterparts
Privacy Compliance
Export Control
Intellectual Property
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Education
Biotechnology
Energy
Retail
Telecommunications
Entertainment
Real Estate
Construction
Automotive
Aerospace
Consulting
Software Development
Relevant Teams
Legal
Executive Leadership
Business Development
Research and Development
Human Resources
Information Technology
Finance
Operations
Sales
Procurement
Compliance
Corporate Strategy
Innovation
Product Development
Partnership Management
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Chief Financial Officer
HR Director
Procurement Manager
Operations Manager
Sales Director
Innovation Manager
Partnership Manager
Legal Counsel
Compliance Officer
Contract Administrator
Investment Manager
Strategic Planning Director
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