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Three Way NDA

Three Way NDA Generator for Germany

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Key Requirements PROMPT example:

Three Way NDA

"I need a Three Way NDA governed by German law for a joint software development project starting March 2025, involving sharing of source code and technical specifications between our company, a cloud services provider, and a cybersecurity consulting firm."

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Document background
This Three Way NDA is designed for situations where three independent parties need to share confidential information in the context of German business operations. The document is particularly relevant for joint ventures, merger discussions, complex supplier relationships, or collaborative projects where multiple parties need mutual protection of sensitive information. It is structured to comply with German law, particularly the GeschGehG (Trade Secrets Act), BGB (Civil Code), and data protection regulations. The agreement includes comprehensive provisions for defining, sharing, and protecting confidential information, with specific attention to German legal requirements regarding trade secret protection, data privacy, and enforcement mechanisms. This type of agreement is commonly used in scenarios involving technology transfers, joint research projects, or complex business transactions where multiple parties need to share sensitive information while maintaining legal protection under German jurisdiction.
Suggested Sections

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, etc.

4. Scope of Confidential Information: Detailed description of what constitutes confidential information for each party

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be shared and with whom

7. Security Measures: Required security measures for protecting confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination

9. Term and Termination: Duration of the agreement and termination provisions

10. Breach and Remedies: Consequences of breach and available remedies including statutory penalties

11. General Provisions: Standard provisions including notices, amendments, severability, and governing law

Optional Sections

1. Data Protection: Specific provisions for handling personal data under GDPR and BDSG - include when confidential information includes personal data

2. Intellectual Property Rights: Provisions clarifying IP ownership and licenses - include when confidential information includes IP

3. Non-Competition: Restrictions on competitive activities - include when parties are competitors or in similar markets

4. Residual Knowledge: Provisions regarding use of non-confidential knowledge retained in memory - include for technology or know-how heavy situations

5. Export Control: Provisions regarding international data transfer restrictions - include when parties are in different jurisdictions

6. Force Majeure: Provisions for unforeseen circumstances - include when long-term relationship anticipated

Suggested Schedules

1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used

2. Schedule 2 - Security Requirements: Specific technical and organizational measures required for protecting confidential information

3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive confidential information from each party

4. Schedule 4 - Information Classification Guidelines: Guidelines for classifying different types of confidential information and corresponding protection levels

5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for representatives or authorized recipients

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Authorized Purpose
Authorized Recipients
Business Day
Confidential Information
Disclosing Party
Receiving Party
Effective Date
Force Majeure
Group Companies
Information Security Requirements
Intellectual Property Rights
Personal Data
Project
Representatives
Residual Information
Security Breach
Trade Secret
Technical Information
Term
Third Party
Affiliate
Permitted Purpose
Control
Working Hours
Excluded Information
Governing Law
Non-Disclosure Period
Proprietary Information
Security Measures
Relevant Industries

Technology & Software

Manufacturing & Industrial

Professional Services

Healthcare & Pharmaceuticals

Financial Services

Research & Development

Automotive

Telecommunications

Energy & Utilities

Consulting Services

Mergers & Acquisitions

Joint Ventures

Relevant Teams

Legal

Compliance

Research and Development

Business Development

Corporate Development

Information Security

Data Protection

Intellectual Property

Mergers and Acquisitions

Project Management

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Innovation Manager

Merger & Acquisition Director

Joint Venture Coordinator

Intellectual Property Manager

Data Protection Officer

Compliance Officer

Contract Manager

Corporate Development Director

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - Governs contract formation, legal capacity, general terms and conditions, contractual obligations and remedies for breach
Geschäftsgeheimnisgesetz (GeschGehG): German Trade Secrets Act - Implements EU Trade Secrets Directive, defines trade secrets, permitted uses, and remedies for misappropriation
Bundesdatenschutzgesetz (BDSG): Federal Data Protection Act - Regulates processing of personal data, implements GDPR requirements in German law
Gesetz gegen den unlauteren Wettbewerb (UWG): Act Against Unfair Competition - Relevant for non-compete provisions and protection against unfair business practices
Handelsgesetzbuch (HGB): German Commercial Code - Additional provisions for commercial relationships between businesses
EU-Datenschutz-Grundverordnung (DSGVO/GDPR): General Data Protection Regulation - European framework for personal data protection that applies alongside German law
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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