The Non Disclosure Agreement Management contract serves as a master document for organizations needing to systematically handle multiple confidentiality agreements. This document becomes essential when companies regularly share sensitive information with various stakeholders and need to maintain consistent confidentiality standards. Under U.S. jurisdiction, it addresses requirements from both federal and state laws, including the Defend Trade Secrets Act and Uniform Trade Secrets Act. The agreement typically covers processes for NDA creation, monitoring, enforcement, and termination, while ensuring compliance with industry-specific regulations and data protection requirements.
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1. Parties: Identification of all parties entering into the NDA, including legal names and addresses
2. Background/Recitals: Context of the agreement and purpose for sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', and 'Permitted Use'
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information
5. Term and Termination: Duration of the agreement and conditions for termination
6. Return of Materials: Requirements for returning or destroying confidential materials
7. Governing Law: Specification of applicable jurisdiction and law
1. Whistleblower Protection Notice: Required if agreement covers trade secrets under DTSA, typically used when agreement involves U.S. employees and trade secrets
2. Non-Solicitation: Prevents solicitation of employees, customers, or suppliers. Used when protecting business relationships is crucial
3. Non-Competition: Restricts competitive activities. Included when sharing highly sensitive business information
4. Data Protection: Specific provisions for handling personal data. Required when confidential information includes personal data
1. Schedule of Confidential Information: Detailed list of specific confidential information covered
2. Schedule of Authorized Recipients: List of individuals or roles authorized to access confidential information
3. Security Protocols: Specific procedures for handling and protecting confidential information
4. Form of Acknowledgment: Template for authorized recipients to acknowledge their obligations
Relevant legal definitions
Clauses
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