The Three-Way NDA is essential for business arrangements in Malaysia where confidential information needs to be shared among three distinct parties. This document type is particularly relevant for joint ventures, strategic partnerships, or complex business transactions where multiple parties need access to proprietary information. The agreement ensures compliance with Malaysian law, including the Contracts Act 1950 and the Personal Data Protection Act 2010, while providing comprehensive protection for trade secrets, technical data, business plans, and other confidential information. The 3 Way NDA establishes clear guidelines for information sharing, defines the scope of confidential information, outlines permitted uses, and specifies the obligations and liabilities of each party. It is commonly used in scenarios such as technology transfers, joint development projects, or when engaging multiple service providers for a single project.
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1. Parties: Identification of all three parties to the agreement with full legal names and addresses
2. Background: Context of the relationship between the three parties and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions
4. Disclosure and Use of Confidential Information: Terms governing how confidential information can be shared among the three parties and permitted uses
5. Obligations of Confidentiality: Core confidentiality obligations of each party, including security measures and standards of care
6. Permitted Disclosures: Circumstances under which confidential information can be shared with representatives or required by law
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes patentable inventions or trade secrets
2. Data Protection: Specific provisions for compliance with PDPA 2010 when personal data is involved
3. Electronic Information Security: Special provisions for protecting electronic data and cybersecurity measures
4. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the business relationship
5. Independent Development: Clarification of rights to develop similar information independently
6. Export Control: Compliance with export control laws if international transfers are involved
7. Competitive Activities: Provisions regarding competition between parties if relevant to the business relationship
1. Schedule 1 - Description of Confidential Information: Detailed categorization of confidential information specific to each party
2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Notice Details: Contact information and procedures for serving notices to all parties
Relevant legal definitions
Agreement
Authorized Purpose
Authorized Representative
Business Day
Confidential Information
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Notice
Party
Permitted Disclosure
Recipient
Related Corporation
Representatives
Security Requirements
Subsidiary
Term
Third Party
Trade Secrets
Working Hours
Authorized Purpose
Authorized Representative
Business Day
Confidential Information
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Notice
Party
Permitted Disclosure
Recipient
Related Corporation
Representatives
Security Requirements
Subsidiary
Term
Third Party
Trade Secrets
Working Hours
Clauses
Interpretation
Confidentiality Obligations
Permitted Use
Information Protection
Return of Information
Intellectual Property
Term and Termination
Breach and Remedies
Relief
Warranties
Assignment
Notices
Severability
Entire Agreement
Third Party Rights
Variation
Counterparts
Costs
Governing Law
Jurisdiction
Force Majeure
Data Protection
Survival
Confidentiality Obligations
Permitted Use
Information Protection
Return of Information
Intellectual Property
Term and Termination
Breach and Remedies
Relief
Warranties
Assignment
Notices
Severability
Entire Agreement
Third Party Rights
Variation
Counterparts
Costs
Governing Law
Jurisdiction
Force Majeure
Data Protection
Survival
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Biotechnology
Real Estate
Energy
Telecommunications
Education
Retail
Automotive
Aerospace
Construction
Relevant Teams
Legal
Compliance
Business Development
Research and Development
Corporate Development
Procurement
Executive Leadership
Operations
Risk Management
Innovation
Information Technology
Finance
Strategy
Intellectual Property
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Innovation Manager
Corporate Development Director
Procurement Manager
Chief Financial Officer
Operations Director
Intellectual Property Manager
Contract Administrator
Risk Management Officer
Compliance Officer
Strategic Partnership Manager
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