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Non Disclosure Agreement For Software Development for India

Non Disclosure Agreement For Software Development Template for India

A comprehensive Non-Disclosure Agreement tailored for software development projects in India, governed by Indian law including the Indian Contract Act, 1872 and Information Technology Act, 2000. This agreement provides robust protection for confidential information exchanged during software development activities, including source code, technical specifications, business processes, and proprietary methodologies. It incorporates specific provisions for digital assets and electronic information sharing, while ensuring compliance with Indian legal requirements for contract enforceability and intellectual property protection.

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Non Disclosure Agreement For Software Development

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What is a Non Disclosure Agreement For Software Development?

The Non-Disclosure Agreement For Software Development is essential when engaging in software development projects where sensitive technical and business information needs to be shared between parties. This document, governed by Indian law, is particularly crucial in today's digital economy where intellectual property and confidential information are key business assets. It should be used before commencing any software development project that involves sharing proprietary information, technical specifications, source code, or business processes. The agreement ensures compliance with Indian legal requirements, including the Indian Contract Act, 1872 and Information Technology Act, 2000, while providing comprehensive protection for both digital and physical forms of confidential information. It's particularly relevant in outsourcing scenarios, in-house development projects, and technology partnerships within the Indian jurisdiction.

What sections should be included in a Non Disclosure Agreement For Software Development?

1. Parties: Identification of the disclosing party (typically the company) and receiving party (typically the software developer/development company), including full legal names and addresses

2. Background: Context of the software development project and need for confidentiality protection

3. Definitions: Detailed definitions including 'Confidential Information', 'Software', 'Development Services', 'Intellectual Property Rights', 'Authorized Personnel'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the software development context, including source code, algorithms, architectures, and business information

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care

6. Permitted Disclosures: Circumstances under which confidential information can be shared with employees, subcontractors, or other authorized parties

7. Security Measures: Specific technical and organizational measures required to protect confidential information

8. Term and Survival: Duration of the agreement and survival of obligations after termination

9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon project completion or termination

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Non Disclosure Agreement For Software Development?

1. Source Code Protection: Specific provisions for protecting source code - include when the project involves access to existing source code

2. Cloud Storage and Remote Access: Specific provisions for cloud-based development environments - include for projects using cloud infrastructure

3. Third Party Disclosure: Provisions for sharing with third party contractors - include when subcontractors will be involved

4. Data Privacy Compliance: Specific provisions for handling personal data - include when project involves processing personal data

5. Export Control: Provisions regarding export restrictions - include for international projects or restricted technologies

6. Competitive Restrictions: Non-compete provisions - include when sharing business-critical information

7. Escrow Arrangements: Provisions for source code escrow - include for critical software development projects

What schedules should be included in a Non Disclosure Agreement For Software Development?

1. Schedule 1 - Description of Software Project: Detailed description of the software development project scope

2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information

3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required

4. Schedule 4 - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

5. Appendix A - Confidential Information Categories: Detailed categorization of types of confidential information covered

6. Appendix B - Approved Security Tools and Platforms: List of approved development tools, platforms, and storage solutions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions









































Clauses

























Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Manufacturing

Telecommunications

Education Technology

Banking

Insurance

Retail

Automotive

Aerospace

Energy

Media and Entertainment

Professional Services

Relevant Teams

Legal

Information Technology

Software Development

Information Security

Procurement

Human Resources

Operations

Compliance

Research and Development

Project Management Office

Business Development

Technical Architecture

Quality Assurance

Product Management

Relevant Roles

Chief Technology Officer

Software Development Manager

Project Manager

Legal Counsel

Contract Manager

Software Engineer

System Architect

Business Development Manager

IT Director

Procurement Manager

Information Security Officer

Technical Lead

Product Owner

Development Team Lead

Compliance Officer

HR Manager

Operations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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