Three Way NDA

Three Way NDA Template for India

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Key Requirements PROMPT example:

"I need a Three Way NDA for a software development project where my tech company will be sharing proprietary code with both a cloud services provider and an AI consulting firm, with strict data protection measures and specific provisions for source code protection."

Document background

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.

Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

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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