This Three Way NDA is designed for situations where three independent parties need to share confidential information in the context of a business relationship or transaction under Belgian law. The document is particularly useful in scenarios such as joint ventures, complex supply chain arrangements, or multi-party commercial collaborations where proprietary information needs to flow between multiple parties. It integrates requirements from Belgian civil law, the Belgian Trade Secrets Act, and relevant EU regulations including GDPR where applicable. The agreement is structured to clearly delineate the obligations of each party to the others, including specific provisions for information handling, security measures, and breach consequences. It's essential for businesses operating in Belgium or choosing Belgian law as their governing law when engaging in multi-party confidential discussions or projects.
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1. Parties: Identification and details of all three parties to the agreement
2. Background: Context of the relationship between the three parties and purpose of the NDA
3. Definitions: Definitions of key terms including Confidential Information, Permitted Purpose, Representatives, etc.
4. Disclosure and Use of Confidential Information: Rules governing how confidential information can be shared and used among the three parties
5. Confidentiality Obligations: Core obligations of each party regarding maintaining confidentiality
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Protection Measures: Security measures required to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration of Obligations: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard contract clauses including governing law, jurisdiction, amendments, etc.
12. Execution: Signature blocks for all three parties
1. Data Protection: Required if confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Include when confidential information involves IP rights or potential future IP
3. Non-Solicitation: Optional section preventing parties from soliciting each other's employees or clients
4. Competition Law Compliance: Include when parties are competitors or in sensitive market positions
5. Export Control: Required if confidential information may be subject to export control regulations
6. Insurance Requirements: Include when specific insurance coverage is required for handling confidential information
7. Publicity and Announcements: Include when there's need to control public statements about the relationship
1. Schedule 1 - Description of Confidential Information: Detailed categorization of what constitutes confidential information for each party
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Information Flow Chart: Diagram showing permitted flow of confidential information between the three parties
5. Appendix A - Form of Notice: Standard form for any notices required under the agreement
6. Appendix B - Destruction Certificate: Template certificate confirming destruction of confidential information
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