This Mutual NDA Agreement is essential for businesses and individuals operating under Indian jurisdiction who need to protect confidential information during business discussions, negotiations, or collaborative ventures. The agreement is particularly relevant when parties need to share sensitive information such as trade secrets, business plans, technical specifications, or proprietary data. It ensures both parties have equal obligations and protections under Indian law, incorporating key provisions from the Indian Contract Act, 1872, and related legislation. This template is structured to provide comprehensive protection while remaining enforceable within the Indian legal system, making it suitable for both domestic and international parties doing business in India.
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1. Parties: Identification of all parties entering into the NDA, including registered addresses and company details
2. Background: Context of the agreement, purpose of sharing confidential information, and intended business relationship
3. Definitions: Detailed definitions including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core obligations regarding protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Standard of Care: Required level of care in protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and provisions that survive termination
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
1. Residual Rights: Addresses use of residual knowledge retained in unaided memory - included when dealing with technical or professional services
2. Non-Solicitation: Prevents parties from soliciting each other's employees - included when parties will have significant exposure to each other's personnel
3. Data Privacy Compliance: Specific provisions for handling personal data - included when confidential information includes personal data
4. Export Control: Compliance with export control laws - included when dealing with technical data or international transfers
5. Reverse Engineering Prohibition: Specific prohibition on reverse engineering - included when dealing with software or technical products
6. Force Majeure: Provisions for unforeseen circumstances - included in long-term NDAs or when dealing with stored confidential information
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Scope of Confidential Information: Detailed categorization of specific types of confidential information covered
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Information Return Form: Template for documenting return or destruction of confidential information
5. Appendix B - Disclosure Log: Template for tracking permitted disclosures of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Manufacturing
Healthcare
Pharmaceuticals
Financial Services
Professional Services
E-commerce
Telecommunications
Research and Development
Energy
Real Estate
Education
Media and Entertainment
Biotechnology
Consulting
Relevant Teams
Legal
Business Development
Human Resources
Research and Development
Product Development
Operations
Finance
Compliance
Procurement
Information Technology
Executive Leadership
Corporate Strategy
Mergers and Acquisitions
Innovation
Commercial
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Human Resources Director
Chief Technology Officer
Research Director
Product Manager
Procurement Manager
Investment Manager
Partnership Manager
Operations Director
Chief Financial Officer
Compliance Officer
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