The Relationship Non Disclosure Agreement is essential for businesses operating in India who need to protect sensitive information during ongoing business relationships. This document is particularly relevant in the Indian context where businesses increasingly engage in complex, long-term collaborations requiring continuous information exchange. It addresses specific requirements under Indian law, including the Indian Contract Act, 1872, and the Information Technology Act, 2000, while incorporating internationally recognized confidentiality protection standards. The agreement is designed to be robust enough for court enforcement in India while remaining practical for regular business use. It includes provisions for both traditional and digital confidential information, making it suitable for modern business relationships in India's growing knowledge economy.
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1. Parties: Identification of all parties to the agreement, including registered addresses and company details
2. Background: Context of the relationship and purpose of entering into the NDA
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and exclusions
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including notices, governing law, jurisdiction, entire agreement
1. Relationship of Parties: Used when need to explicitly state that the agreement does not create any partnership, joint venture, or other business relationship
2. Non-Solicitation: Include when parties wish to prevent poaching of employees or clients during the relationship
3. Intellectual Property Rights: Include when confidential information may include IP that needs specific protection provisions
4. Data Protection: Include when personal data or sensitive digital information is involved
5. Export Control: Include when confidential information may be subject to export control regulations
6. Press Releases and Publicity: Include when parties want to control public announcements about their relationship
7. Competitive Activities: Include when parties need to address potential competitive activities during the relationship
8. Insurance Requirements: Include when specific insurance coverage is required for handling confidential information
1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for which confidential information may be used
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 handling confidential information
4. Schedule 4 - Information Classification: Classification system for different types of confidential information and corresponding handling requirements
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties
6. Appendix B - Data Handling Procedures: Detailed procedures for handling, storing, and transmitting confidential information
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