This Three Way NDA is specifically designed for situations where three distinct parties need to share confidential information while ensuring legal protection under Maltese law. The document is particularly useful in complex business transactions, joint ventures, or collaborative projects where multiple parties need to exchange sensitive information. The agreement incorporates requirements from Malta's Data Protection Act, Professional Secrecy Act, and relevant EU regulations, making it suitable for both domestic and international business relationships. It includes comprehensive definitions of confidential information for each party, specific obligations regarding information handling, and clear provisions for data protection compliance. This template is structured to accommodate various business scenarios while maintaining compliance with Maltese legal requirements and EU standards.
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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' for each party
4. Scope of Confidential Information: Detailed description of what constitutes confidential information for each party
5. Obligations of Confidentiality: Core confidentiality obligations of each party regarding received information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Data Protection and GDPR Compliance: Specific provisions ensuring compliance with Maltese data protection law and GDPR
8. Security Measures: Required security measures for protecting confidential information
9. Term and Termination: Duration of the agreement and termination provisions
10. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination
11. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
1. Specific Project Scope: Used when the NDA relates to a specific project or transaction
2. Third Party Rights: Include when there's a need to address rights of parties not directly involved in the agreement
3. Non-Solicitation: Add when parties wish to prevent poaching of employees or clients
4. Intellectual Property Rights: Include when confidential information includes IP that needs specific protection
5. Export Control: Add when information sharing may involve cross-border transfers outside the EU
6. Insurance Requirements: Include when parties need to maintain specific insurance for data protection
7. Audit Rights: Add when parties require right to audit others' compliance with security measures
1. Schedule 1 - Specified Confidential Information: Detailed listing of specific confidential information for each party
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information for each party
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Information Handling Procedures: Specific procedures for marking, storing, and transmitting confidential information
5. Appendix A - Data Processing Requirements: GDPR-specific requirements and procedures for data processing
6. Appendix B - Notice Requirements: Contact details and procedures for required notices under the agreement
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