The Three Way NDA is essential in complex business arrangements where confidential information needs to be shared among three distinct parties. This document is particularly relevant in the Indian business context, where it's governed by the Indian Contract Act, 1872, and related legislation. It's commonly used in situations such as joint ventures, outsourcing arrangements, collaborative projects, or consultancy engagements where multiple parties need access to proprietary information. The agreement defines what constitutes confidential information, establishes security protocols, outlines permitted uses, and specifies the obligations of each party in protecting the shared information. It includes provisions for breach remedies and enforcement mechanisms specific to Indian jurisdiction, making it a crucial tool for protecting intellectual property and business secrets in multi-party business relationships.
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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 three-way confidentiality arrangement
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Disclosing Party/Receiving Party'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information for each party
5. Confidentiality Obligations: Core obligations regarding use, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be shared, including with representatives and as required by law
7. Security Measures: Required procedures and safeguards for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Residual Information: Addresses the use of information retained in unaided memory - include when dealing with technical or professional services
2. Data Privacy Compliance: Specific obligations regarding personal data protection - include when confidential information includes personal data
3. Non-Solicitation: Prevents parties from hiring each other's employees - include when parties have valuable human resources
4. Export Control: Compliance with export control laws - include when dealing with regulated technology or international parties
5. Competitive Activities: Restrictions on competitive activities - include when parties are potential competitors
6. Press Releases/Public Announcements: Requirements for public communications - include when public disclosure of the relationship is sensitive
7. Information Security Standards: Specific technical security requirements - include when dealing with technical or digital information
1. Schedule 1 - Designated Confidential Information: Detailed list or categories of confidential information for each party
2. Schedule 2 - Authorized Representatives: List of authorized representatives for each party who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures to be followed
4. Schedule 4 - Information Handling Procedures: Detailed procedures for marking, storing, and transmitting confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for representatives or permitted third parties
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Permitted Purpose
Representatives
Affiliate
Agreement
Authorized Recipients
Business Day
Commencement Date
Confidentiality Undertaking
Control
Derivations
Dispute
Effective Date
Group
Information Security Incident
Intellectual Property Rights
Notice
Party/Parties
Personal Data
Project
Related Persons
Residual Information
Security Measures
Term
Third Party
Trade Secrets
Working Hours
Disclosing Party
Receiving Party
Permitted Purpose
Representatives
Affiliate
Agreement
Authorized Recipients
Business Day
Commencement Date
Confidentiality Undertaking
Control
Derivations
Dispute
Effective Date
Group
Information Security Incident
Intellectual Property Rights
Notice
Party/Parties
Personal Data
Project
Related Persons
Residual Information
Security Measures
Term
Third Party
Trade Secrets
Working Hours
Clauses
Parties
Recitals
Definitions
Interpretation
Confidentiality Obligations
Permitted Disclosures
Information Security
Data Protection
Return or Destruction of Information
Intellectual Property
Term and Termination
Representations and Warranties
Breach and Remedies
Indemnification
Force Majeure
Assignment
Notices
Severability
Waiver
Entire Agreement
Amendment
Governing Law
Dispute Resolution
Jurisdiction
Counterparts
Costs
Third Party Rights
Relationship of Parties
Survival
Recitals
Definitions
Interpretation
Confidentiality Obligations
Permitted Disclosures
Information Security
Data Protection
Return or Destruction of Information
Intellectual Property
Term and Termination
Representations and Warranties
Breach and Remedies
Indemnification
Force Majeure
Assignment
Notices
Severability
Waiver
Entire Agreement
Amendment
Governing Law
Dispute Resolution
Jurisdiction
Counterparts
Costs
Third Party Rights
Relationship of Parties
Survival
Relevant Industries
Information Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Real Estate
Energy
Telecommunications
Biotechnology
Education
Construction
Retail
Media & Entertainment
Relevant Teams
Legal
Business Development
Research and Development
Information Technology
Operations
Finance
Procurement
Corporate Development
Information Security
Intellectual Property
Strategic Planning
Product Development
Executive Leadership
Risk Management
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Innovation Manager
Procurement Manager
Contract Manager
Chief Financial Officer
Head of Operations
Investment Director
Corporate Development Manager
Intellectual Property Manager
Chief Information Security Officer
Partnership Manager
Strategic Alliance Director
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