This Three-Way NDA template is designed for use under South African law when three parties need to share confidential information in a business context. The agreement is particularly valuable in scenarios such as joint ventures, mergers and acquisitions, collaborative projects, or complex business transactions where multiple parties need to exchange sensitive information. It incorporates key requirements under South African legislation, including POPIA compliance and common law principles regarding confidentiality. The document provides comprehensive protection for various types of confidential information including trade secrets, proprietary technology, customer data, and business strategies. The three-way structure ensures that all parties' obligations and rights are clearly defined, with specific provisions for the flow of information between any combination of the three parties.
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1. Parties: Identifies and provides full details of all three parties to the agreement
2. Background: Explains the context and purpose of the three-way NDA and the relationship between the parties
3. Definitions and Interpretation: Defines key terms including 'Confidential Information', 'Permitted Purpose', and interpretation rules
4. Scope of Confidential Information: Detailed description of what constitutes confidential information for each party
5. Obligations of Confidentiality: Core confidentiality obligations including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be shared, including with employees and professional advisors
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which provisions survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including notices, governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific POPIA compliance provisions, required if personal information will be shared
2. Electronic Information Security: Additional provisions for digital information security, recommended if electronic data is shared
3. Competitive Restrictions: Non-compete or non-solicitation provisions, if relevant to the business relationship
4. Specific Industry Requirements: Additional provisions required for regulated industries like financial services or healthcare
5. Assignment and Succession: Provisions regarding transfer of rights, needed if parties anticipate corporate restructuring
6. Independent Contractor Relationship: Clarification of relationship between parties, useful if parties are collaborating on projects
7. Insurance Requirements: Provisions requiring specific insurance coverage, relevant for high-risk information sharing
1. Schedule 1 - Description of Confidential Information: Detailed listing of specific confidential information categories for each party
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information for each party
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Appendix A - Acknowledgment Form: Form for employees or contractors to acknowledge confidentiality obligations
5. Appendix B - Information Return Certificate: Certificate confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Professional Services
Healthcare
Biotechnology
Real Estate
Mining
Telecommunications
Energy
Retail
Construction
Education
Agriculture
Automotive
Relevant Teams
Legal
Executive
Business Development
Research and Development
Finance
Operations
Procurement
Strategic Planning
Mergers and Acquisitions
Information Technology
Risk and Compliance
Innovation
Corporate Strategy
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Chief Technology Officer
Chief Financial Officer
Research Director
Investment Manager
Operations Manager
Procurement Manager
Strategic Partnership Director
Merger & Acquisition Specialist
Innovation Manager
Company Secretary
Risk Manager
Compliance Officer
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