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Reciprocal NDA

Reciprocal NDA Template for Singapore

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Key Requirements PROMPT example:

Reciprocal NDA

"I need a Reciprocal NDA governed by Singapore law for a potential joint venture with a tech company, with specific provisions for protecting source code and customer data, to be effective from March 2025."

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What is a Reciprocal NDA?

A Reciprocal NDA is essential when two parties need to share sensitive information while exploring business opportunities or collaborating on projects. This agreement, governed by Singapore law, provides mutual protection and clearly defines what constitutes confidential information, permitted uses, disclosure restrictions, and obligations for both parties. It incorporates key requirements under Singapore's Personal Data Protection Act and includes provisions for enforcement and remedies under Singapore jurisdiction. The reciprocal nature ensures both parties have equal obligations and protections when sharing confidential information.

What sections should be included in a Reciprocal NDA?

1. Parties: Identifies and defines the contracting parties

2. Background: Sets out context and purpose of the NDA

3. Definitions: Defines key terms including 'Confidential Information'

4. Confidentiality Obligations: Core obligations regarding protection of confidential information

5. Permitted Disclosures: Circumstances under which disclosure is allowed

6. Term and Termination: Duration of agreement and termination provisions

7. Return of Confidential Information: Obligations upon termination

8. Governing Law: Specifies Singapore law as governing law

What sections are optional to include in a Reciprocal NDA?

1. Data Protection: Additional provisions for compliance with Personal Data Protection Act (PDPA) when personal data is involved

2. Intellectual Property: Additional provisions regarding IP ownership and rights when IP is specifically relevant

3. Cross-Border Transfers: Provisions governing international data transfers when parties are in different jurisdictions

4. Non-Solicitation: Restrictions on soliciting employees/customers when business relationship involves access to personnel/customer information

What schedules should be included in a Reciprocal NDA?

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

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

3. Schedule 3 - Security Protocols: Specific security measures to be implemented when detailed security requirements are needed

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 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















Industries

Personal Data Protection Act 2012: Singapore's primary data protection legislation governing the collection, use, disclosure and care of personal data. Essential for NDA provisions related to personal information handling and cross-border data transfers.

Evidence Act (Chapter 97): Governs the admissibility of evidence in Singapore courts, relevant for enforcement of NDA breaches and proving confidential information disclosure.

Contract Law (Common Law): Singapore's contract law principles derived from common law, essential for ensuring the NDA's validity, enforceability, and interpretation.

Contract Act (Chapter 53): Statutory provisions governing contract formation, validity, and enforcement in Singapore, crucial for NDA structure and enforceability.

Civil Law Act (Chapter 43): Provides framework for civil remedies and enforcement of contractual rights in Singapore, relevant for breach of NDA provisions.

Specific Relief Act (Chapter 321): Governs specific performance and injunctive relief, important for enforcement mechanisms in NDAs under Singapore law.

Employment Act: Relevant when NDA involves employees, governing employment relationships and confidentiality obligations in employment context.

Limitation Act (Chapter 163): Sets time limits for bringing legal actions, important for enforcement timeframes and duration of confidentiality obligations.

Competition Act: Ensures NDA provisions do not breach competition law principles, particularly regarding market restrictions and trade practices.

Intellectual Property Laws: Various IP laws of Singapore protecting different forms of intellectual property, relevant for defining and protecting confidential information and trade secrets.

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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