Two Way NDAs are essential documents used when two parties need to share sensitive information with each other while maintaining confidentiality. This document type is particularly relevant when exploring business partnerships, joint ventures, or potential collaborations. The Two Way NDA ensures that both parties have equal obligations and protections under U.S. law, including remedies under federal and state trade secret legislation. It's commonly used during due diligence processes, negotiations, and strategic discussions where proprietary information needs to be exchanged.
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1. Parties: Identification of the parties exchanging confidential information
2. Background/Recitals: Purpose of the NDA and context of the information exchange
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Purpose'
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of information
5. Permitted Disclosures: Circumstances under which confidential information may be shared
6. Term and Termination: Duration of the agreement and termination provisions
7. Return of Information: Obligations regarding return or destruction of confidential materials
1. Non-Solicitation: Prevents parties from hiring each other's employees - used when parties will have substantial contact with each other's employees
2. Data Protection: Specific provisions for handling personal data - used when personal data or GDPR-protected information is involved
3. Residual Knowledge: Provisions regarding use of retained knowledge - used in technology or innovation-focused agreements
4. Security Requirements: Specific security measures required - used when handling highly sensitive information
1. Description of Confidential Information: Detailed list of information types covered
2. Authorized Representatives: List of individuals authorized to receive confidential information
3. Security Protocols: Specific security measures and procedures
4. Excluded Information: List of information specifically excluded from confidentiality obligations
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Representatives
Purpose
Affiliate
Trade Secrets
Permitted Use
Effective Date
Confidentiality Period
Authorized Recipients
Proprietary Information
Business Purpose
Excluded Information
Material
Intellectual Property Rights
Personal Data
Agreement
Parties
Residual Information
Designated Representatives
Related Entity
Third Party
Confidential Materials
Disclosing Party
Receiving Party
Representatives
Purpose
Affiliate
Trade Secrets
Permitted Use
Effective Date
Confidentiality Period
Authorized Recipients
Proprietary Information
Business Purpose
Excluded Information
Material
Intellectual Property Rights
Personal Data
Agreement
Parties
Residual Information
Designated Representatives
Related Entity
Third Party
Confidential Materials
Clauses
Confidentiality Obligations
Non-Disclosure
Permitted Use
Return of Information
Term and Duration
Permitted Disclosures
Protection Measures
Exceptions to Confidentiality
Remedies
Survival
Notice Requirements
Non-Solicitation
Governing Law
Dispute Resolution
Assignment
Severability
Entire Agreement
Amendment
Waiver
Force Majeure
Data Protection
Intellectual Property Rights
Indemnification
Termination
Representatives' Obligations
Non-Disclosure
Permitted Use
Return of Information
Term and Duration
Permitted Disclosures
Protection Measures
Exceptions to Confidentiality
Remedies
Survival
Notice Requirements
Non-Solicitation
Governing Law
Dispute Resolution
Assignment
Severability
Entire Agreement
Amendment
Waiver
Force Majeure
Data Protection
Intellectual Property Rights
Indemnification
Termination
Representatives' Obligations
Relevant Industries
Relevant Teams
Relevant Roles
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