The Three Way NDA is essential for complex business arrangements where confidential information needs to be shared between three distinct parties under Irish law. This document is particularly relevant for scenarios such as joint ventures, technology partnerships, merger discussions, or service provider arrangements with subcontractors. It addresses the specific requirements of Irish contract law, data protection regulations (including GDPR), and trade secrets protection, while providing comprehensive safeguards for all parties involved. The agreement is structured to clearly define the roles, responsibilities, and obligations of each party in protecting shared confidential information, making it suitable for both domestic Irish business relationships and international arrangements where Irish law is the chosen governing law.
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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: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Disclosure and Use of Confidential Information: Specifies how confidential information can be shared between the three parties and permitted uses
5. Obligations of Confidentiality: Details the core confidentiality obligations of each party, including security measures and standards of care
6. Permitted Disclosures: Specifies circumstances under which confidential information can be disclosed, including to employees, advisors, or as required by law
7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
8. Duration and Termination: Specifies the term of the agreement and termination provisions
9. Breach and Remedies: Outlines consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and variation
1. Residual Information: Addresses treatment of information retained in memory by individuals who had access to confidential information
2. Data Protection Compliance: Include when confidential information includes personal data subject to GDPR
3. Non-Solicitation: Include when parties wish to prevent poaching of employees or clients
4. Assignment and Novation: Include when parties anticipate potential corporate restructuring or M&A activity
5. Specific Security Requirements: Include when handling particularly sensitive information requiring specific security measures
6. Competition Law Compliance: Include when parties are competitors or in sensitive market positions
7. Exit Rights: Include when parties need specific provisions for one party to exit the arrangement while others continue
1. Schedule 1 - Description of Confidential Information: Detailed description of what constitutes confidential information for each party
2. Schedule 2 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
3. Schedule 3 - Security Measures: Specific security protocols and measures required for handling confidential information
4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
5. Schedule 5 - Information Flow Diagram: Visual representation of how information flows between the three parties
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