This NDA Non Solicitation agreement is essential for businesses operating in India who need to protect their confidential information while also preventing the solicitation of their employees, clients, or business partners. It is particularly relevant when sharing sensitive business information during negotiations, partnerships, or employment relationships. The document must be carefully crafted to comply with Indian law, especially considering the restrictions under Section 27 of the Indian Contract Act regarding restraint of trade. Indian courts generally uphold reasonable non-solicitation provisions when they protect legitimate business interests without imposing excessive restrictions on trade or profession. This agreement is commonly used in business transactions, potential partnerships, employment relationships, and consultancy arrangements where there is a need to protect both confidential information and business relationships.
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1. Parties: Identification of the parties entering into the agreement, including their registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', 'Solicitation', 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, including protection measures and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Non-Solicitation Obligations: Specific provisions prohibiting solicitation of employees, customers, or suppliers
8. Term and Survival: Duration of the agreement and which provisions survive termination
9. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
10. Remedies: Available remedies in case of breach, including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, amendments, and notices
1. Non-Competition: Additional restrictions on competitive activities - only include if specifically requested and ensure narrow scope for enforceability in India
2. Intellectual Property Rights: Specific provisions regarding IP ownership and rights - include when confidential information includes IP assets
3. Data Protection: Specific obligations regarding personal data protection - include when personal data is part of confidential information
4. Cross-Border Transfer Restrictions: Include when parties are from different jurisdictions or data will cross borders
5. Publicity Restrictions: Include when there's a need to restrict public announcements about the business relationship
6. Force Majeure: Include when long-term obligations are contemplated that might be affected by extraordinary events
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures for protecting confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives/employees
5. Appendix B - Data Handling Procedures: Detailed procedures for handling, storing, and transmitting confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Healthcare
Financial Services
Professional Services
Manufacturing
Pharmaceuticals
Biotechnology
E-commerce
Telecommunications
Research and Development
Media and Entertainment
Education
Management Consulting
Software Development
Business Process Outsourcing
Relevant Teams
Legal
Human Resources
Compliance
Executive Leadership
Business Development
Procurement
Information Technology
Research and Development
Operations
Finance
Risk Management
Corporate Affairs
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Human Resources Director
Business Development Manager
Project Manager
Legal Counsel
Compliance Officer
Chief Technology Officer
Chief Financial Officer
Operations Manager
Procurement Manager
Research Director
Senior Software Engineer
Management Consultant
Business Analyst
Department Head
Senior Executive
Contract Manager
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