This Three-Way NDA is essential for business situations where three separate parties need to share confidential information while ensuring legal protection under New Zealand law. It is commonly used in joint ventures, strategic partnerships, consultant-client-vendor relationships, or complex business negotiations where multiple parties need to exchange sensitive information. The agreement is structured to comply with New Zealand's Privacy Act 2020 and Contract and Commercial Law Act 2017, providing clear guidelines for information sharing, protection measures, and enforcement mechanisms. This Three-Way NDA is particularly valuable when parties need to collaborate on projects while maintaining their individual intellectual property rights and protecting their respective confidential information.
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1. Parties: Identification of all three parties to the agreement, including their full legal names, addresses, and company registration numbers if applicable
2. Background: Context of the relationship between the three parties and the purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information' for each party, 'Permitted Purpose', 'Representatives', and other key terms
4. Disclosure and Use of Confidential Information: Rules governing how confidential information can be shared between the three parties and how each party may use others' information
5. Confidentiality Obligations: Core obligations of each party to maintain confidentiality, including specific duties for protecting information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Security Measures: Required security measures each party must implement to protect confidential information
8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when the confidential information includes IP - recommended when sharing technical information or trade secrets
2. Data Protection Compliance: Specific provisions for compliance with privacy laws - necessary when personal information is involved
3. Competitive Activities: Restrictions on competitive activities - relevant when parties are in the same industry
4. Residual Knowledge: Provisions regarding use of residual knowledge - important for technology or consulting relationships
5. Assignment and Succession: Rules about transferring rights under the agreement - relevant for corporate parties
6. Costs and Expenses: Allocation of costs related to protecting confidential information - useful for complex commercial relationships
1. Schedule 1 - Description of Confidential Information: Detailed categorization of each party's confidential information
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 to be followed by all parties
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted purpose(s) for information sharing
5. Appendix A - Information Handling Procedures: Standard operating procedures for handling confidential information
6. Appendix B - Notification Requirements: Procedures and timeframes for required notifications between parties
Relevant legal definitions
Agreement
Affiliate
Authorized Purpose
Authorized Representative
Business Day
Confidential Information
Disclosing Party
Receiving Party
Third Party Recipients
Effective Date
Force Majeure Event
Intellectual Property Rights
Information Security Incident
Notice
Permitted Disclosure
Personal Information
Privacy Laws
Representatives
Residual Information
Security Requirements
Trade Secrets
Term
Working Hours
Material Breach
Confidentiality Period
Derived Information
Digital Materials
Excluded Information
Related Entity
Jurisdiction
Affiliate
Authorized Purpose
Authorized Representative
Business Day
Confidential Information
Disclosing Party
Receiving Party
Third Party Recipients
Effective Date
Force Majeure Event
Intellectual Property Rights
Information Security Incident
Notice
Permitted Disclosure
Personal Information
Privacy Laws
Representatives
Residual Information
Security Requirements
Trade Secrets
Term
Working Hours
Material Breach
Confidentiality Period
Derived Information
Digital Materials
Excluded Information
Related Entity
Jurisdiction
Clauses
Confidentiality
Information Use
Disclosure Restrictions
Security Measures
Data Protection
Return of Information
Term and Termination
Breach and Remedies
Intellectual Property
Permitted Disclosures
Exceptions to Confidentiality
Warranties and Representations
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Variation
Notices
Survival
Third Party Rights
Costs
Information Use
Disclosure Restrictions
Security Measures
Data Protection
Return of Information
Term and Termination
Breach and Remedies
Intellectual Property
Permitted Disclosures
Exceptions to Confidentiality
Warranties and Representations
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Variation
Notices
Survival
Third Party Rights
Costs
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research & Development
Biotechnology
Education
Telecommunications
Real Estate
Energy
Construction
Media & Entertainment
Relevant Teams
Legal
Executive Leadership
Business Development
Research & Development
Information Technology
Procurement
Finance
Operations
Strategy
Compliance
Innovation
Corporate Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Innovation Manager
Partnership Manager
Procurement Manager
Contract Administrator
Chief Financial Officer
Chief Operating Officer
Head of Strategy
Compliance Officer
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