This Cyber Security Non-Disclosure Agreement is essential for organizations sharing sensitive cybersecurity information in India. It is particularly relevant when engaging with security consultants, conducting security audits, implementing security solutions, or discussing potential vulnerabilities and threats. The agreement ensures compliance with Indian cyber laws, including the Information Technology Act, 2000, and associated regulations, while providing comprehensive protection for sensitive security-related information. It addresses modern cybersecurity challenges, including cloud security, incident response, and digital threats, making it suitable for both technology-focused companies and traditional businesses with significant digital assets. The document is designed to protect various types of confidential information, from security architectures and protocols to vulnerability assessments and incident response procedures.
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1. Parties: Identification of the parties entering into the agreement, including their registered addresses and company details
2. Background: Context of the agreement, nature of the cybersecurity relationship, and purpose of information sharing
3. Definitions: Detailed definitions of terms including 'Confidential Information', 'Cyber Security Information', 'Security Incident', 'Authorized Personnel', and other relevant technical terms
4. Scope of Confidential Information: Specific details of what constitutes confidential cybersecurity information, including systems, protocols, vulnerabilities, and security measures
5. Obligations of Receiving Party: Detailed responsibilities for protecting confidential information, including cybersecurity standards and protocols to be followed
6. Security Measures and Standards: Specific security measures required for protecting the confidential information, including digital security protocols
7. Breach Notification and Response: Procedures for reporting and handling security incidents or breaches of confidential information
8. Term and Termination: Duration of the agreement and conditions for termination
9. Return or Destruction of Confidential Information: Procedures for secure deletion or return of confidential information, including digital data handling
10. Remedies and Indemnification: Legal remedies available in case of breach and indemnification provisions
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for dispute resolution
1. International Data Transfer: Required when confidential information may be transferred across borders, specifying compliance with international data protection laws
2. Government and Regulatory Access: Include when dealing with government contracts or regulated industries, specifying procedures for government access to information
3. Third Party Disclosure: Include when third-party contractors or service providers may need access to confidential information
4. Source Code Protection: Add when the confidential information includes software source code or proprietary algorithms
5. Cloud Storage and Processing: Include when confidential information will be stored or processed in cloud environments
6. Audit Rights: Add when regular security audits of the receiving party's systems may be required
7. Insurance Requirements: Include when specific cybersecurity insurance coverage is required
8. Survival Clauses: Optional detailed provisions about which obligations survive termination
1. Schedule A - Technical Security Requirements: Detailed technical specifications for handling and protecting confidential information
2. Schedule B - Authorized Personnel: List of personnel authorized to access confidential information and their security clearance levels
3. Schedule C - Security Incident Response Plan: Detailed procedures for handling and reporting security incidents
4. Schedule D - Data Handling Protocols: Specific protocols for handling different types of confidential information
5. Appendix 1 - Security Certification Requirements: Required security certifications and compliance standards
6. Appendix 2 - Approved Security Tools and Software: List of approved security tools and software for handling confidential information
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