This 3 Way NDA template is specifically designed for use under Australian law when three parties need to share confidential information in the context of business transactions, joint ventures, or collaborative projects. The document is particularly relevant when multiple parties need to exchange sensitive information while maintaining strict confidentiality protocols. It includes comprehensive provisions for information protection, permitted uses, and breach remedies, all aligned with Australian legal requirements including the Privacy Act 1988 (Cth) and relevant common law principles. The agreement is structured to clearly delineate the obligations and rights of each party, making it suitable for complex multi-party arrangements where mutual trust and information security are paramount.
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1. Parties: Identifies and provides full legal details of all three parties to the agreement
2. Background: Explains the context and purpose of the three-way confidentiality arrangement
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Disclosure and Use of Confidential Information: Details how confidential information can be shared and used between the three parties
5. Obligations of Confidentiality: Specifies the core confidentiality obligations of each party
6. Security Measures: Outlines required security measures for protecting confidential information
7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Breach and Remedies: Consequences of breach and available remedies
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Permitted Disclosures: Additional section when specific categories of permitted disclosures need to be detailed, such as to professional advisors or regulators
2. Special Handling Requirements: Used when certain information requires specific security or handling protocols
3. Non-Solicitation: Added when parties wish to prevent poaching of employees or clients
4. Publicity and Announcements: Included when public communications about the relationship need to be regulated
5. Competition and Future Projects: Used when parties need to address potential future competitive situations
6. Data Protection Compliance: Required when personal data will be shared under the agreement
1. Schedule 1 - Description of Confidential Information: Detailed categorization of confidential information for each party
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Appendix A - Information Handling Procedures: Detailed procedures for handling, storing, and transmitting confidential information
5. Appendix B - Notice Requirements: Contact details and procedures for serving notices under the agreement
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