This Three-Way NDA is essential for business arrangements in the Philippines where three distinct parties need to share sensitive information while ensuring legal protection. The document is particularly relevant for joint ventures, technology partnerships, consulting arrangements, or complex business transactions where multiple parties need access to each other's confidential information. It incorporates specific provisions required under Philippine law, including compliance with the Data Privacy Act of 2012 and relevant commercial regulations. The agreement is structured to address the unique challenges of three-way confidentiality obligations, including clear definitions of permitted information sharing paths between parties, specific use restrictions, and comprehensive protective measures. This type of agreement is commonly used in scenarios involving technology transfers, business consultancy, merger discussions, or joint research and development projects.
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1. Parties: Identification of all three parties to the agreement, including their legal names, addresses, and company registration details if applicable
2. Background: Context of the relationship between the three parties and the purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions specific to the three-way arrangement
4. Disclosure and Use of Confidential Information: Rules governing how confidential information may be shared between the three parties and how it can be used
5. Obligations of Confidentiality: Specific duties of each party regarding maintaining confidentiality of information received from both other parties
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Protection of Confidential Information: Security measures required to protect confidential information
8. Return or Destruction of Confidential Information: Procedures for handling 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 under Philippine law
11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights when the confidential information includes intellectual property
2. Data Privacy Compliance: Specific provisions ensuring compliance with the Data Privacy Act when personal data is involved
3. Export Control: Required when confidential information may be subject to export control regulations
4. Non-Solicitation: Optional restrictions on soliciting employees or clients of other parties
5. Competing Projects: Provisions addressing participation in competing projects or ventures
6. Insurance Requirements: Insurance obligations when handling particularly sensitive or valuable information
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Categories of Confidential Information: Specific types of confidential information covered by the agreement for each party
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information from each party
4. Schedule 4 - Security Protocols: Specific security measures and protocols required for handling confidential information
5. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge their confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Real Estate
Professional Services
Research & Development
Energy
Telecommunications
Pharmaceuticals
Construction
Education
Retail
Automotive
Relevant Teams
Legal
Business Development
Research and Development
Executive Leadership
Operations
Information Technology
Procurement
Compliance
Corporate Affairs
Project Management
Innovation
Partnerships
Contracts Administration
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Operations Manager
Procurement Manager
Investment Director
Corporate Secretary
Compliance Officer
Innovation Manager
Partnership Manager
Contract Administrator
Chief Information Officer
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