This Two-Sided NDA is designed for use when two parties need to share confidential information with each other in a business context under Canadian law. It's particularly relevant for business negotiations, joint ventures, strategic partnerships, or any situation requiring mutual exchange of sensitive information. The agreement encompasses provisions compliant with Canadian federal and provincial laws, including PIPEDA for personal information protection and provincial contract law requirements. It provides equal protection to both parties, defining what constitutes confidential information, permitted uses, security requirements, and obligations for handling sensitive data. This template is structured to be adaptable across various industries while maintaining enforceability under Canadian jurisdiction.
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1. Parties: Identification of both parties entering into the NDA, including full legal names and addresses
2. Background: Context for the agreement, including the purpose of sharing confidential information
3. Definitions: Definition of key terms, especially 'Confidential Information', 'Representatives', and 'Permitted Purpose'
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors
6. Security Measures: Required measures for protecting confidential information
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Term and Termination: Duration of the agreement and termination provisions
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments
1. Residual Knowledge: Provisions addressing use of non-confidential knowledge retained in memory, typically included for technology companies
2. Data Protection: Specific provisions for handling personal data, required if personal information will be shared
3. Non-Solicitation: Restrictions on soliciting employees or customers, included when parties have access to sensitive relationship information
4. Export Control: Compliance with export control laws, needed when sharing technical data across borders
5. Cyber Security Requirements: Specific technical security requirements, included when dealing with highly sensitive digital information
6. Competing Projects: Provisions allowing parties to work on similar projects with others, important for companies in same industry
1. Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Security Protocols: Specific technical or operational procedures for handling confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research & Development
Education
Biotechnology
Energy
Real Estate
Telecommunications
Retail
Media & Entertainment
Consulting
Legal Services
Relevant Teams
Legal
Business Development
Executive Leadership
Research & Development
Information Technology
Human Resources
Finance
Operations
Procurement
Corporate Strategy
Innovation
Partnerships
Product Development
Information Security
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Chief Financial Officer
HR Director
Procurement Manager
Operations Director
Innovation Manager
Partnership Manager
Chief Information Officer
Legal Counsel
Contract Manager
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