Cross Border NDA for the United Kingdom

Cross Border NDA Template for England and Wales

A legally binding agreement governed by the laws of England and Wales, designed to protect confidential information shared between parties located in different jurisdictions. The agreement incorporates international data protection requirements, cross-border information transfer provisions, and specific confidentiality obligations suitable for multi-jurisdictional business relationships. It addresses both UK and relevant foreign legal requirements while maintaining enforceability across borders.

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What is a Cross Border NDA?

A Cross Border NDA is essential when businesses need to share sensitive information with entities in different jurisdictions. This agreement, governed by English and Welsh law, provides comprehensive protection for confidential information while addressing specific challenges of international business relationships. It includes provisions for data protection compliance, export controls, and jurisdictional considerations, making it suitable for various international commercial arrangements, from joint ventures to potential mergers and acquisitions.

What sections should be included in a Cross Border NDA?

1. Parties: Identification of all parties to the agreement including full legal names and addresses

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including definition of Confidential Information

4. Obligations of Confidentiality: Core confidentiality obligations, permitted uses, and standard of care

5. Term and Termination: Duration of the agreement and termination provisions

6. Return of Confidential Information: Provisions for returning or destroying confidential information upon termination

7. Governing Law and Jurisdiction: Specification of English and Welsh law as governing law and jurisdiction

What sections are optional to include in a Cross Border NDA?

1. Data Protection: Provisions for compliance with UK GDPR and Data Protection Act 2018 when personal data is involved

2. Export Control: Provisions regarding export restrictions and compliance with international trade regulations

3. Intellectual Property: Specific provisions protecting IP rights that may be disclosed during the relationship

4. Representatives: Designation of specific contact points for handling confidential information

What schedules should be included in a Cross Border NDA?

1. Schedule 1 - Authorized Recipients: List of individuals or roles authorized to receive and handle confidential information

2. Schedule 2 - Specific Confidential Information: Detailed description of the types of confidential information covered by the agreement

3. Schedule 3 - Data Processing Requirements: Specific requirements for handling personal data under applicable data protection laws

4. Schedule 4 - Security Requirements: Technical and organizational security measures required for protecting confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Vendor Non Disclosure Agreement

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What is a Cross Border NDA?

What sections should be included in a Cross Border NDA?

What sections are optional to include in a Cross Border NDA?

What schedules should be included in a Cross Border NDA?

Authors

Alex Denne

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