This Two Way NDA template is essential for business relationships where both parties need to share sensitive information while ensuring legal protection under Indian law. It's commonly used during business negotiations, joint ventures, potential partnerships, or any situation requiring mutual exchange of confidential information. The document incorporates key requirements from Indian contract law, including specific provisions from the Indian Contract Act, 1872, and the Information Technology Act, 2000. It provides comprehensive protection for various types of confidential information, including trade secrets, proprietary technology, business strategies, and customer data. The agreement is structured to be enforceable in Indian courts and includes specific remedies available under Indian law, making it particularly suitable for domestic and international business relationships involving Indian entities.
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1. Parties: Identification of both parties entering into the NDA, including full legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and 'Disclosing Party/Receiving Party'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core mutual obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
12. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Section clarifying that the agreement doesn't transfer any IP rights - useful when dealing with technical or creative information
2. Data Protection Compliance: Additional provisions for compliance with data protection laws - necessary when personal data is involved
3. Non-Solicitation: Prevents parties from soliciting each other's employees - relevant for business relationships involving close interaction
4. Residual Knowledge: Addresses use of retained knowledge after agreement ends - important for consulting or technical relationships
5. Export Control: Compliance with export control laws - necessary for international business relationships
6. Force Majeure: Provisions for unforeseen circumstances - relevant in long-term NDAs
7. Insurance Requirements: Obligations to maintain specific insurance coverage - important for high-value or high-risk information
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Categories of Confidential Information: Comprehensive list of types of confidential information covered
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Schedule 4 - Security Protocols: Detailed security measures and protocols for handling confidential information
5. Appendix A - Information Handling Procedures: Step-by-step procedures for handling, storing, and destroying confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Pharmaceuticals
Biotechnology
Education
Telecommunications
Real Estate
Energy
E-commerce
Media & Entertainment
Automotive
Aerospace
Consumer Goods
Retail
Relevant Teams
Legal
Business Development
Research and Development
Executive Leadership
Human Resources
Information Technology
Operations
Finance
Procurement
Compliance
Corporate Strategy
Innovation
Product Development
Partnerships and Alliances
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Chief Financial Officer
Operations Manager
Human Resources Director
Procurement Manager
Investment Manager
Partnership Manager
Innovation Director
Compliance Officer
Contract Manager
Company Secretary
Strategic Alliance Manager
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