This Non-Disclosure Agreement Between Company And Individual is essential for protecting sensitive business information in various professional contexts under Indian jurisdiction. Commonly used before employment negotiations, during consultant engagements, or in potential business partnerships, this agreement ensures confidential information remains protected under Indian law. The document is structured to comply with the Indian Contract Act, 1872, and incorporates relevant provisions from IT laws and intellectual property legislation. It's particularly relevant when companies need to share sensitive information such as trade secrets, business strategies, client data, or technical knowledge with individuals while maintaining legal control over its dissemination and use. The agreement provides specific remedies available under Indian law in case of breach, including injunctive relief under the Specific Relief Act, 1963.
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1. Parties: Identifies the company and individual, including their registered/residential addresses and legal capacity
2. Background: Explains the context and purpose of the NDA, including the nature of the relationship between parties
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Clearly specifies what information is covered under the agreement
5. Obligations of Confidentiality: Details the core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. Governing Law and Jurisdiction: Specifies Indian law as governing law and determines jurisdiction for disputes
1. Non-Solicitation: Include when there's risk of the individual poaching employees or clients
2. Intellectual Property Rights: Include when confidential information includes IP that needs specific protection
3. Digital Data Protection: Include when significant digital/electronic information is involved
4. Third Party Information: Include when confidential information of third parties may be disclosed
5. Export Control: Include when information subject to export control regulations is involved
6. Data Privacy Compliance: Include when personal data processing is involved
7. Prior Disclosure: Include when some confidential information has been shared before the NDA execution
1. Schedule 1 - Specific Confidential Information: Detailed list of specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of people authorized to receive/handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures required for protecting confidential information
4. Appendix A - Acknowledgment Form: Form for individual to acknowledge receipt of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Research and Development
Education
Biotechnology
Retail
Telecommunications
Media and Entertainment
Consulting
Energy
Real Estate
Pharmaceuticals
Relevant Teams
Legal
Human Resources
Research & Development
Product Development
Information Technology
Finance
Executive Leadership
Operations
Marketing
Business Development
Procurement
Innovation
Strategy
Corporate Affairs
Compliance
Relevant Roles
Consultant
Independent Contractor
Freelancer
Job Candidate
Potential Employee
Vendor Representative
Research Associate
Technical Advisor
Business Analyst
External Auditor
Temporary Staff
Intern
Project Manager
Subject Matter Expert
Strategic Advisor
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