The Joint Disclosure Agreement (JDA) is essential when two or more parties need to share confidential information while maintaining its secrecy. Commonly used in business negotiations, partnerships, or potential collaborations in India, this agreement ensures mutual protection of sensitive information such as trade secrets, technical data, business strategies, and intellectual property. The document, governed by Indian law, creates legally binding obligations for information protection and includes specific provisions aligned with Indian legal requirements, including the Indian Contract Act and IT Act. It's particularly crucial in preliminary business discussions where detailed information needs to be shared before finalizing a broader business arrangement.
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1. Parties: Identification of all parties to the agreement with their full legal names, addresses, and company registration details
2. Background: Context of the agreement, including the purpose of information sharing and the relationship between the parties
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
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 representatives and by legal requirement
7. Information Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival of Obligations: Specification of obligations that continue after termination
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
12. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Intellectual Property Rights: Section clarifying that no IP rights are transferred through information disclosure - needed when IP-sensitive information is involved
2. Non-Solicitation: Restrictions on hiring or soliciting each other's employees - relevant for business partnerships
3. Data Protection Compliance: Specific provisions for compliance with data protection laws - necessary when personal data is involved
4. Export Control: Provisions regarding compliance with export control laws - needed for international parties or controlled technologies
5. Competitive Activities: Clarification regarding non-restriction of competitive activities - useful in competitor relationships
6. Force Majeure: Provisions for unforeseen circumstances - relevant in long-term arrangements
1. Schedule 1 - Authorized Representatives: List of individuals authorized to disclose and receive confidential information
2. Schedule 2 - Permitted Purpose: Detailed description of the specific purpose(s) for which confidential information may be used
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for information protection
4. Schedule 4 - Information Categories: Categorization of different types of confidential information and their handling requirements
5. Appendix A - Information Return Form: Template form for documenting return or destruction of confidential information
Relevant legal definitions
Affiliate
Agreement
Authorised Recipients
Business Day
Business Purpose
Confidential Information
Disclosing Party
Effective Date
Group
Information Security Measures
Intellectual Property Rights
Parent Company
Permitted Purpose
Personal Data
Pre-existing Information
Receiving Party
Representatives
Residual Information
Security Breach
Subsidiary
Term
Third Party
Trade Secrets
Unauthorised Disclosure
Digital Information
Electronic Form
Proprietary Information
Controlled Access
Derived Information
Excluded Information
Force Majeure Event
Material
Notice
Professional Advisers
Related Party
Senior Management
Agreement
Authorised Recipients
Business Day
Business Purpose
Confidential Information
Disclosing Party
Effective Date
Group
Information Security Measures
Intellectual Property Rights
Parent Company
Permitted Purpose
Personal Data
Pre-existing Information
Receiving Party
Representatives
Residual Information
Security Breach
Subsidiary
Term
Third Party
Trade Secrets
Unauthorised Disclosure
Digital Information
Electronic Form
Proprietary Information
Controlled Access
Derived Information
Excluded Information
Force Majeure Event
Material
Notice
Professional Advisers
Related Party
Senior Management
Clauses
Confidentiality
Non-Disclosure
Information Security
Permitted Use
Return of Information
Destruction of Information
Term and Duration
Termination
Intellectual Property
Data Protection
Representatives and Third Parties
Permitted Disclosure
Exceptions to Confidentiality
Security Measures
Notice Requirements
Remedies
Indemnification
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Amendment
Waiver
Counterparts
Survival
Non-Solicitation
Notices
Costs
Boilerplate
Non-Disclosure
Information Security
Permitted Use
Return of Information
Destruction of Information
Term and Duration
Termination
Intellectual Property
Data Protection
Representatives and Third Parties
Permitted Disclosure
Exceptions to Confidentiality
Security Measures
Notice Requirements
Remedies
Indemnification
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Amendment
Waiver
Counterparts
Survival
Non-Solicitation
Notices
Costs
Boilerplate
Relevant Industries
Information Technology
Biotechnology
Pharmaceuticals
Manufacturing
Research & Development
Financial Services
Professional Services
Healthcare
Education
Telecommunications
Automotive
Aerospace
Consumer Goods
Energy
Real Estate
Media & Entertainment
Relevant Teams
Legal
Business Development
Research and Development
Information Technology
Corporate Strategy
Procurement
Innovation
Operations
Information Security
Compliance
Corporate Development
Intellectual Property
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Chief Financial Officer
Procurement Manager
Innovation Manager
Strategic Partnership Director
Intellectual Property Manager
Chief Information Security Officer
Chief Operations Officer
Compliance Officer
Contract Manager
Corporate Development Manager
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