This 3 Way Non Disclosure Agreement is essential for business scenarios where three distinct parties need to share confidential information while ensuring mutual protection under Dutch law. It is particularly relevant for complex business arrangements such as joint ventures, technology partnerships, or multi-party commercial projects where sensitive information needs to flow between all parties. The document is structured to comply with Dutch civil code requirements and EU regulations, including GDPR considerations where applicable. It provides comprehensive protection for various types of confidential information including trade secrets, proprietary technology, business methods, and commercial data. The agreement is specifically designed to address the complexities of three-way relationships, clearly defining the obligations and rights of each party while providing effective enforcement mechanisms under Dutch jurisdiction.
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1. Parties: Identification and details of all three parties to the agreement
2. Background: Context of the relationship between the three parties and purpose of the NDA
3. Definitions: Definitions of key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Disclosure and Use of Confidential Information: Rules governing how confidential information may be shared and used between the three parties
5. Obligations of Confidentiality: Core confidentiality obligations of each party, including protection measures and permitted disclosures
6. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
7. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
8. Breach and Remedies: Consequences of breach and available remedies under Dutch law
9. General Provisions: Standard provisions including notices, amendments, severability, and assignment
10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Specific Information Handling Procedures: Detailed procedures for handling particularly sensitive information, recommended when dealing with highly technical or regulated information
2. Data Protection Provisions: Additional provisions dealing with personal data under GDPR, required when confidential information includes personal data
3. Non-Solicitation: Provisions preventing parties from soliciting each other's employees, optional depending on business context
4. Publicity: Provisions regarding public announcements or acknowledgment of the relationship, useful for sensitive business relationships
5. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk information sharing
6. Audit Rights: Rights to audit compliance with confidentiality obligations, useful for highly sensitive information
1. Schedule 1 - Specific Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Information Sharing Matrix: Matrix showing which types of information can be shared between which parties
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives and permitted recipients
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Real Estate
Energy
Telecommunications
Biotechnology
Automotive
Aerospace
Research & Development
Pharmaceuticals
Consumer Goods
Media & Entertainment
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Procurement
Commercial
Operations
Finance
Risk Management
Information Technology
Innovation
Strategic Partnerships
Intellectual Property
Compliance
Corporate Development
Relevant Roles
Legal Counsel
Business Development Manager
Chief Executive Officer
Chief Technology Officer
Project Manager
Research Director
Commercial Director
Procurement Manager
Innovation Manager
Strategic Partnerships Director
Intellectual Property Manager
Operations Director
Chief Financial Officer
Contract Manager
Risk Management Officer
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