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Non Disclosure Agreement for India

Non Disclosure Agreement Template for India

A comprehensive legal document governed by Indian law that establishes confidentiality obligations between parties sharing sensitive information. This agreement defines the scope of confidential information, sets out the obligations for protecting such information, and provides remedies for unauthorized disclosure. It incorporates key provisions of Indian contract law and common law principles regarding trade secrets, while ensuring compliance with relevant statutory requirements under Indian jurisdiction. The document includes specific enforcement mechanisms and remedies available under Indian law, making it particularly suitable for businesses operating within the Indian legal framework.

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Non Disclosure Agreement

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What is a Non Disclosure Agreement?

The Non-Disclosure Agreement (NDA) is a crucial legal instrument used in Indian business contexts to protect confidential information shared between parties during business discussions, negotiations, or collaborative ventures. It is particularly relevant in today's knowledge-based economy where proprietary information and trade secrets form valuable business assets. This document becomes essential when parties need to share sensitive information such as business plans, technical specifications, customer data, or proprietary processes. Under Indian law, while there is no specific legislation governing confidentiality agreements, NDAs derive their enforceability from the Indian Contract Act, 1872, and common law principles. The agreement typically precedes other business arrangements and can be either unilateral (one-way) or mutual (bilateral), depending on whether one or both parties will be sharing confidential information.

What sections should be included in a Non Disclosure Agreement?

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and company registration details where applicable

2. Background: Context of the agreement, including the purpose of sharing confidential information and the relationship between the parties

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other agreement-specific terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. Term and Survival: Duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

9. Remedies: Available remedies in case of breach, including injunctive relief and damages

10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Non Disclosure Agreement?

1. Non-Solicitation: Prevents poaching of employees or clients, used when parties have access to personnel or customer information

2. Non-Competition: Restricts competitive activities, included when sharing highly sensitive business information

3. Data Protection Compliance: Specific obligations regarding personal data protection, needed when confidential information includes personal data

4. Export Control: Compliance with export control laws, required for international transfers of technical data

5. Reverse Engineering Prohibition: Specific prohibition on reverse engineering, important for technical or product-related information

6. Security Protocols: Detailed security measures for handling confidential information, used for highly sensitive data

7. Force Majeure: Provisions for unforeseen circumstances, included in longer-term NDAs

What schedules should be included in a Non Disclosure Agreement?

1. Schedule 1 - Specific Confidential Information: Detailed list or categories of confidential information covered

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Procedures: Detailed security protocols and procedures for handling confidential information

4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used

5. Appendix A - Notice Requirements: Contact details and procedures for serving notices under the agreement

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

Manufacturing

Healthcare

Financial Services

Professional Services

Research & Development

Pharmaceuticals

Telecommunications

E-commerce

Education

Real Estate

Entertainment

Biotechnology

Automotive

Retail

Relevant Teams

Legal

Human Resources

Research and Development

Executive Leadership

Business Development

Information Technology

Finance

Operations

Procurement

Product Development

Strategic Planning

Investment

Corporate Communications

Quality Assurance

Project Management

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Business Development Manager

Legal Counsel

Project Manager

Research Director

Human Resources Manager

Product Manager

Investment Analyst

Operations Manager

Procurement Manager

Technical Consultant

Software Developer

Financial Controller

Strategic Partnership 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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