The Partnership Non Disclosure Agreement is essential for business partnerships operating in Canadian jurisdictions where confidential information needs to be shared between partners. This document is particularly relevant when establishing new partnership arrangements, joint ventures, or collaborative business initiatives where sensitive information exchange is necessary. It addresses requirements under Canadian federal privacy laws such as PIPEDA, provincial partnership acts, and relevant common law principles regarding confidentiality. The agreement typically covers definitions of confidential information, security protocols, permitted uses, and obligations for information handling. It's designed to protect trade secrets, proprietary information, client data, and other sensitive business information while facilitating necessary information sharing between partners.
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1. Parties: Identification of all partnership parties entering into the NDA, including full legal names and addresses
2. Background: Context of the partnership relationship and purpose of the NDA
3. Definitions: Key terms including 'Confidential Information', 'Partnership', 'Permitted Purpose', 'Representatives', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations and standards of care required
6. Permitted Disclosures: Circumstances under which confidential information may be shared and with whom
7. Security Measures: Required procedures and safeguards for protecting confidential information
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival: Obligations that continue after termination of the agreement
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section addressing ownership and protection of IP when the partnership involves creation or use of intellectual property
2. Data Protection Compliance: Specific provisions for compliance with privacy laws when personal data is involved
3. Non-Competition: Restrictions on competitive activities, if relevant to the partnership
4. Non-Solicitation: Restrictions on soliciting employees or clients, if applicable
5. Dispute Resolution: Alternative dispute resolution procedures if parties prefer specific mechanisms
6. Insurance Requirements: Specific insurance obligations for handling confidential information
7. Force Majeure: Provisions for handling confidentiality obligations during extraordinary circumstances
8. Assignment and Succession: Rules for transferring rights and obligations in case of partnership changes
1. Schedule A - Designated Representatives: List of authorized individuals who may access confidential information
2. Schedule B - Categories of Confidential Information: Detailed categorization of different types of confidential information covered
3. Schedule C - Security Protocols: Specific security measures and procedures required for different types of information
4. Schedule D - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used
5. Appendix 1 - Data Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information
6. Appendix 2 - Breach Notification Protocol: Procedures to follow in case of actual or suspected confidentiality breaches
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