Multilateral Non Disclosure Agreement Template for United States

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Key Requirements PROMPT example:

Multilateral Non Disclosure Agreement

"I need a Multilateral Non Disclosure Agreement for a joint research project between my biotech company, two universities, and a pharmaceutical manufacturer, with specific provisions for protecting genetic research data and a term beginning March 1, 2025."

Document background

The Multilateral Non-Disclosure Agreement is essential when multiple parties need to share sensitive information in the United States while maintaining its confidentiality. This agreement is commonly used in joint ventures, research collaborations, or complex business transactions where multiple organizations need to exchange proprietary information. It defines what constitutes confidential information, establishes permitted uses, and outlines the obligations of each party to protect the shared information. The agreement is structured to comply with both federal and state laws governing trade secrets and confidential information.

Suggested Sections

1. Parties: Identification of all participating parties to the agreement, including their legal names, addresses, and registration details

2. Background: Context and purpose of the NDA, explaining why the parties are entering into this agreement

3. Definitions: Key terms including Confidential Information, Permitted Purpose, Representatives, and other relevant defined terms

4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information, including standard of care

5. Permitted Disclosures: Circumstances under which disclosure is allowed, including to representatives and when required by law

6. Term and Termination: Duration of agreement, survival provisions, and circumstances for termination

7. Return of Information: Requirements for returning or destroying confidential information upon termination or request

Optional Sections

1. Non-Compete Provisions: Additional provisions restricting competitive activities, used when parties are potential competitors

2. Data Protection Compliance: Specific provisions for handling personal data and ensuring compliance with data protection laws

3. Industry-Specific Provisions: Additional requirements for specific regulated industries such as healthcare or financial services

4. Whistleblower Protection: Mandatory provisions under DTSA providing immunity for disclosure of trade secrets in specific circumstances

Suggested Schedules

1. Schedule A - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule C - Security Protocols: Specific procedures and requirements for handling and protecting confidential information

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

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology
Healthcare
Financial Services
Manufacturing
Research & Development

Relevant Teams

Legal
Research & Development
Business Development
Information Security
Executive Leadership

Relevant Roles

Chief Executive Officer
Chief Legal Officer
Business Development Manager
Research Director
Project Manager

Industries

Defend Trade Secrets Act (DTSA) 2016: Federal law providing uniform federal protection for trade secrets, including requirements for whistleblower protections and remedies for trade secret misappropriation

Economic Espionage Act 1996: Federal criminal law that prohibits trade secret theft and economic espionage, particularly relevant for protecting confidential information

Federal Rules of Evidence: Rules governing confidentiality in federal courts, particularly relevant for enforcement of NDAs and protection of trade secrets in litigation

Securities Exchange Act: Federal law relevant when NDAs involve publicly traded companies, particularly regarding disclosure obligations and insider information

Uniform Trade Secrets Act (UTSA): Model state law adopted by most US states with variations, providing framework for trade secret protection at state level

State Contract Laws: Various state-specific laws governing contract formation, enforcement, and interpretation that affect NDA validity

State Statutes of Limitations: State-specific time limits for bringing legal actions related to NDA breaches or trade secret misappropriation

State Employment Laws: State-specific regulations affecting NDAs in employment context, including restrictions on scope and duration

Whistleblower Protection Provisions: Required provisions under DTSA that inform parties of their rights to disclose trade secrets in specific circumstances

State Non-Compete Regulations: State-specific rules governing non-compete agreements that may affect NDA scope and enforcement

HIPAA: Health Insurance Portability and Accountability Act requirements for protecting healthcare information in NDAs

Gramm-Leach-Bliley Act: Federal law governing protection of financial information that may need to be addressed in NDAs involving financial institutions

GDPR Compliance: European Union's General Data Protection Regulation considerations for NDAs involving European parties or data

International Trade Secret Laws: Various international agreements and laws protecting trade secrets in cross-border situations

Cross-Border Data Transfer Regulations: Laws governing international data transfers that may affect NDAs with international scope

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Authors

Alex Denne

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