This Non-Mutual NDA template is designed for use under Canadian law when one party needs to share confidential information with another party during business discussions, evaluations, or collaborative projects. The document is particularly relevant when engaging with potential partners, service providers, or evaluating business opportunities where only one party will be disclosing confidential information. It incorporates requirements from Canadian federal and provincial privacy laws, including PIPEDA and provincial privacy legislation where applicable. The agreement is structured to protect proprietary information, trade secrets, and other confidential material while facilitating necessary business discussions. It includes provisions for data protection, permitted uses, and enforcement mechanisms that are aligned with Canadian legal requirements and business practices.
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1. Parties: Identification of the Disclosing Party and Receiving Party with full legal names and addresses
2. Background: Context of the disclosure relationship and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Disclosure of Confidential Information: Describes the nature and method of confidential information disclosure
5. Confidentiality Obligations: Core obligations of the Receiving Party to maintain confidentiality and prevent unauthorized disclosure
6. Permitted Use: Specific permitted uses of the confidential information by the Receiving Party
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction: Requirements for returning or destroying confidential information upon request or termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Remedies: Available remedies in case of breach, including injunctive relief
11. General Provisions: Standard boilerplate provisions including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Additional provisions for compliance with PIPEDA and provincial privacy laws when personal information is involved
2. Residual Knowledge: Provisions addressing the Receiving Party's use of residual knowledge and experience
3. Export Control: Requirements for compliance with export control laws if applicable to the industry or information type
4. Publicity: Restrictions on public announcements or disclosures about the relationship
5. Insurance Requirements: Specific insurance requirements for the Receiving Party if handling sensitive information
6. Audit Rights: Disclosing Party's rights to audit compliance with the agreement
7. Specific Industry Compliance: Additional compliance requirements for regulated industries (e.g., healthcare, financial services)
1. Schedule A - Description of Confidential Information: Detailed description or categories of confidential information covered by the agreement
2. Schedule B - Authorized Representatives: List of authorized representatives who may access the confidential information
3. Schedule C - Security Protocols: Specific security protocols and requirements for handling the confidential information
4. Schedule D - Approved Subcontractors: If applicable, list of approved subcontractors who may access the confidential information
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Affiliate
Business Day
Effective Date
Personal Information
Trade Secrets
Proprietary Information
Authorized Recipients
Derivative Materials
Residual Information
Security Breach
Third Party
Written Notice
Intellectual Property Rights
Termination Date
Confidentiality Period
Excluded Information
Permitted Disclosures
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Affiliate
Business Day
Effective Date
Personal Information
Trade Secrets
Proprietary Information
Authorized Recipients
Derivative Materials
Residual Information
Security Breach
Third Party
Written Notice
Intellectual Property Rights
Termination Date
Confidentiality Period
Excluded Information
Permitted Disclosures
Clauses
Confidentiality
Non-Disclosure
Information Protection
Permitted Use
Security Measures
Return of Information
Data Privacy
Term and Termination
Remedies
Injunctive Relief
Governing Law
Jurisdiction
Assignment
Notices
Severability
Entire Agreement
Amendment
Waiver
Survival
Force Majeure
Third Party Rights
Interpretation
Non-Disclosure
Information Protection
Permitted Use
Security Measures
Return of Information
Data Privacy
Term and Termination
Remedies
Injunctive Relief
Governing Law
Jurisdiction
Assignment
Notices
Severability
Entire Agreement
Amendment
Waiver
Survival
Force Majeure
Third Party Rights
Interpretation
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research & Development
Real Estate
Energy
Telecommunications
Biotechnology
Education
Retail
Media & Entertainment
Relevant Teams
Legal
Business Development
Executive Leadership
Research & Development
Product Development
Human Resources
Finance
Information Technology
Procurement
Corporate Strategy
Mergers & Acquisitions
Innovation
Compliance
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Chief Technology Officer
Product Manager
Research Director
Investment Manager
Procurement Manager
Human Resources Director
Chief Financial Officer
Operations Manager
Project Manager
Strategic Partnership Director
Innovation Manager
Compliance Officer
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