This NDA Non Solicitation agreement is essential for Canadian businesses seeking to protect their confidential information while also preventing the solicitation of their employees, clients, or business relationships. The document is particularly relevant when entering into business discussions, partnerships, or employment relationships where sensitive information will be shared and there's a need to protect against potential poaching. It incorporates provisions that comply with Canadian federal and provincial laws, including privacy legislation and common law principles regarding restrictive covenants. The agreement is structured to be enforceable in Canadian courts, with carefully drafted non-solicitation provisions that meet the reasonableness requirements established by Canadian case law.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Define key terms including 'Confidential Information', 'Trade Secrets', 'Solicitation', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
5. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or business relationships, including scope and duration
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which provisions survive termination
9. Remedies: Available remedies in case of breach, including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, amendment process, and severability
1. Data Protection Compliance: Additional provisions for compliance with PIPEDA and provincial privacy laws, required when personal information is involved
2. Intellectual Property Rights: Specific provisions regarding IP ownership and licenses, needed when IP may be created or shared
3. Non-Competition: Additional restrictions on competitive activities, only if specifically required and carefully drafted to be enforceable under Canadian law
4. Audit Rights: Rights to audit compliance with confidentiality obligations, useful for high-sensitivity information
5. Security Requirements: Specific security measures required for protecting confidential information, important for digital or highly sensitive information
6. Dispute Resolution: Alternative dispute resolution procedures, recommended for high-value or complex relationships
1. Schedule A - Confidential Information: Detailed description or categories of information considered confidential
2. Schedule B - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule C - Security Protocols: Specific security measures and procedures for handling confidential information
4. Schedule D - Restricted Entities: List of specific entities or individuals covered by non-solicitation provisions
5. Appendix 1 - Form of Confidentiality Agreement for Recipients: Template agreement for additional parties who may need access to confidential information
Relevant legal definitions
Confidential Information
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Authorized Recipients
Affiliated Companies
Business Purpose
Effective Date
Restricted Period
Solicitation
Protected Employees
Protected Customers
Business Relationships
Representatives
Intellectual Property Rights
Personal Information
Confidential Materials
Permitted Purpose
Territory
Competitive Business
Group Companies
Business Contact
Material Breach
Sensitive Information
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Authorized Recipients
Affiliated Companies
Business Purpose
Effective Date
Restricted Period
Solicitation
Protected Employees
Protected Customers
Business Relationships
Representatives
Intellectual Property Rights
Personal Information
Confidential Materials
Permitted Purpose
Territory
Competitive Business
Group Companies
Business Contact
Material Breach
Sensitive Information
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Retail
Energy
Telecommunications
Biotechnology
Real Estate
Construction
Education
Media and Entertainment
Consulting
Research and Development
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Procurement
Research and Development
Information Technology
Finance
Operations
Sales
Strategy
Corporate Development
Compliance
Risk Management
Intellectual Property
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Business Development Manager
Chief Technology Officer
Project Manager
Procurement Manager
Chief Financial Officer
Operations Director
Research Director
Sales Director
Strategy Consultant
Investment Manager
Department Head
Technical Lead
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