Two Way NDAs are essential documents used when two parties need to share sensitive information with each other while maintaining confidentiality. This document type is particularly relevant when exploring business partnerships, joint ventures, or potential collaborations. The Two Way NDA ensures that both parties have equal obligations and protections under U.S. law, including remedies under federal and state trade secret legislation. It's commonly used during due diligence processes, negotiations, and strategic discussions where proprietary information needs to be exchanged.
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1. Parties: Identification of the parties exchanging confidential information
2. Background/Recitals: Purpose of the NDA and context of the information exchange
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Purpose'
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of information
5. Permitted Disclosures: Circumstances under which confidential information may be shared
6. Term and Termination: Duration of the agreement and termination provisions
7. Return of Information: Obligations regarding return or destruction of confidential materials
1. Non-Solicitation: Prevents parties from hiring each other's employees - used when parties will have substantial contact with each other's employees
2. Data Protection: Specific provisions for handling personal data - used when personal data or GDPR-protected information is involved
3. Residual Knowledge: Provisions regarding use of retained knowledge - used in technology or innovation-focused agreements
4. Security Requirements: Specific security measures required - used when handling highly sensitive information
1. Description of Confidential Information: Detailed list of information types covered
2. Authorized Representatives: List of individuals authorized to receive confidential information
3. Security Protocols: Specific security measures and procedures
4. Excluded Information: List of information specifically excluded from confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
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