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NDA Non Solicitation for India

NDA Non Solicitation Template for India

A comprehensive legal agreement governed by Indian law that combines confidentiality obligations with non-solicitation provisions. This document protects confidential information while preventing the solicitation of employees, customers, or business partners. It is drafted in accordance with Indian contract law principles, particularly considering Section 27 of the Indian Contract Act, 1872, which governs restraint of trade. The agreement includes detailed provisions on what constitutes confidential information, permitted uses, duration of obligations, and specific restrictions on solicitation activities, while ensuring enforceability within the Indian legal framework.

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NDA Non Solicitation

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What is a NDA Non Solicitation?

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.

What sections should be included in a NDA Non Solicitation?

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

What sections are optional to include in a NDA Non Solicitation?

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

What schedules should be included in a NDA Non Solicitation?

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

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Ƶ

Cost

Free to use
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

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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