NDA Release Form for India

NDA Release Form Template for India

A legally binding document governed by Indian law that formally releases one or more parties from their confidentiality obligations under a previously executed Non-Disclosure Agreement (NDA). This document specifies the scope of the release, whether partial or complete, and outlines any surviving obligations. It complies with the Indian Contract Act, 1872, and includes necessary provisions for the protection of intellectual property rights and trade secrets under Indian legislation. The document addresses the return or destruction of confidential information and includes representations and warranties from all parties involved.

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What is a NDA Release Form?

The NDA Release Form is a crucial legal document used when parties wish to formally terminate or modify confidentiality obligations established under an existing Non-Disclosure Agreement. This document is particularly relevant in Indian business contexts where collaborative projects have concluded, business relationships have evolved, or circumstances necessitate the release of confidentiality obligations. The form must comply with Indian contract law and related statutes, ensuring proper documentation of the release while protecting the interests of all parties involved. It's commonly used in situations such as project completions, mergers and acquisitions, or when confidential information becomes public through legitimate means. The document includes specific details about the original NDA, the scope of release, any surviving obligations, and necessary authorizations.

What sections should be included in a NDA Release Form?

1. Parties: Identification of all parties involved - both the party releasing confidential information and the party being released from confidentiality obligations

2. Background: Reference to the original NDA, its date, and purpose, establishing the context for the release

3. Definitions: Key terms used in the release form, including references to defined terms from the original NDA where relevant

4. Scope of Release: Clear specification of which confidentiality obligations are being released, including temporal and subject matter scope

5. Effective Date: The date from which the release becomes effective

6. Surviving Obligations: Specification of any confidentiality obligations that will survive this release

7. Representations and Warranties: Statements by both parties regarding their authority to enter into this release and other relevant declarations

8. Governing Law: Specification that Indian law governs the release form

9. Execution: Signature blocks and execution formalities

What sections are optional to include in a NDA Release Form?

1. Partial Release: Used when only certain aspects of the confidentiality obligations are being released while others remain in force

2. Consideration: Include when there is a payment or other consideration for the release

3. Return of Confidential Information: Used when the release requires the return or destruction of confidential materials

4. Third Party Rights: Include when the release affects the rights of third parties mentioned in the original NDA

5. Dispute Resolution: Include specific dispute resolution mechanisms if different from the original NDA

6. Regulatory Compliance: Include when the release needs to address specific regulatory requirements, especially in regulated industries

What schedules should be included in a NDA Release Form?

1. Schedule 1 - Original NDA: Copy or key details of the original NDA being released

2. Schedule 2 - Specific Information Being Released: Detailed list of specific confidential information covered by the release

3. Schedule 3 - Return/Destruction Certificate: Format for certifying the return or destruction of confidential information if required

4. Appendix A - Corporate Authorizations: Copies of corporate authorizations or board resolutions approving the release, if applicable

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 Industries

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Research and Development

Pharmaceuticals

Information Technology

Telecommunications

Consumer Goods

Energy

Media and Entertainment

Education

Consulting

Relevant Teams

Legal

Compliance

Human Resources

Business Development

Research and Development

Executive Leadership

Procurement

Information Technology

Corporate Affairs

Risk Management

Intellectual Property

Operations

Relevant Roles

Legal Counsel

Chief Legal Officer

Compliance Officer

Contract Manager

Business Development Manager

Project Manager

Chief Executive Officer

Chief Operating Officer

Human Resources Director

Intellectual Property Manager

Research Director

Partnership Manager

Innovation Manager

Chief Technology Officer

Chief Financial Officer

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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