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3 Way Non Disclosure Agreement

3 Way Non Disclosure Agreement Template for India

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Key Requirements PROMPT example:

3 Way Non Disclosure Agreement

"I need a 3 Way Non Disclosure Agreement for a joint technology development project between my software company, a hardware manufacturer, and a research institution, with specific provisions for protecting source code and research data, to be effective from March 1, 2025."

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Document background
The 3 Way Non-Disclosure Agreement is essential in situations where three distinct parties need to share sensitive information while maintaining strict confidentiality. This document type is particularly relevant in the Indian business context, where complex multi-party transactions, joint ventures, or collaborative projects require mutual protection of proprietary information. The agreement is drafted in compliance with Indian contract law and related statutes, incorporating necessary provisions for enforcement under Indian jurisdiction. It is commonly used in scenarios such as joint venture negotiations, technology transfers, consulting arrangements, or when multiple parties are involved in a strategic business initiative. The document includes comprehensive definitions of confidential information, specific obligations for each party, permitted uses, security requirements, and enforcement mechanisms.
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', and other relevant terms

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

5. Disclosure and Use of Confidential Information: Terms governing how confidential information can be shared and used among the three parties

6. Obligations of Confidentiality: Specific duties of each party regarding protecting and maintaining confidentiality

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement

8. Security Measures: Required procedures and safeguards for protecting confidential information

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

12. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices

Optional Sections

1. Residual Rights: Provisions regarding use of residual knowledge, used when parties want to clarify rights to non-documented knowledge

2. Non-Solicitation: Restrictions on soliciting employees or customers, included when parties want to prevent poaching

3. Competitive Activities: Provisions regarding competition between parties, used when parties are potential competitors

4. Data Protection Compliance: Specific provisions for handling personal data, required when confidential information includes personal data

5. Export Control: Provisions for international data transfer, needed when parties are in different countries

6. Publicity: Rules about public announcements of the relationship, included when parties want to control public disclosure of their relationship

Suggested Schedules

1. Schedule 1 - Specific Confidential Information: Detailed list of confidential information categories for each party

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information from each party

3. Schedule 3 - Security Protocols: Specific security measures and procedures to be followed by all parties

4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used

5. Appendix A - Notice Details: Contact information and procedures for formal notices between parties

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 Industries

Technology

Manufacturing

Financial Services

Healthcare

Pharmaceutical

Biotechnology

Professional Services

Research & Development

Telecommunications

Automotive

Aerospace

Energy

Real Estate

Education

Relevant Teams

Legal

Compliance

Executive Leadership

Business Development

Research and Development

Information Technology

Operations

Finance

Corporate Affairs

Procurement

Innovation

Strategic Planning

Product Development

Information Security

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Chief Financial Officer

Corporate Secretary

Compliance Officer

Operations Manager

Contract Manager

Innovation Director

Strategic Partnership Manager

Intellectual Property Manager

Head of Research

Industries
Indian Contract Act, 1872: Primary legislation governing contract formation, validity, and enforcement in India. Sections 23-28 are particularly relevant for NDAs regarding lawful consideration and restraint of trade.
Information Technology Act, 2000: Governs electronic records and digital information protection, relevant for NDAs covering digital data and electronic information sharing.
Copyright Act, 1957: Protects original works and confidential information that may be copyrightable, including business documents and proprietary information.
Trade Secrets Protection (Common Law): While India doesn't have specific trade secret legislation, common law principles protect trade secrets and confidential information through contractual obligations.
Specific Relief Act, 1963: Provides remedies including injunctive relief for breach of confidentiality agreements and protection of confidential information.
Indian Penal Code, 1860: Sections 405-409 deal with criminal breach of trust, which can be relevant in severe cases of confidentiality breach.
Companies Act, 2013: Contains provisions regarding maintaining confidentiality of company information and trade secrets, particularly relevant if any party is a corporate entity.
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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