This Non-Disclosure Agreement IT Services template is specifically designed for use in India where IT service providers and their clients need to protect sensitive information exchanged during technology service delivery. The document becomes essential when parties are entering into discussions or agreements for IT services such as software development, system integration, cloud services, or digital consulting. It is structured to comply with Indian legislation, particularly the Indian Contract Act, 1872, and the Information Technology Act, 2000, while addressing specific IT sector requirements around digital data protection, source code confidentiality, and technological know-how. The agreement is particularly relevant in India's growing IT sector, where protection of proprietary technology, client data, and trade secrets is crucial for maintaining competitive advantage and ensuring regulatory compliance.
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1. Parties: Identification of the disclosing party and receiving party, including registered addresses and company details
2. Background: Context of the IT services relationship and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'IT Services', 'Authorized Personnel', 'Trade Secrets', etc.
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the IT services context
5. Obligations of Confidentiality: Core confidentiality obligations, including storage, handling, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and subcontractors
7. Data Protection and Security: Specific measures required for protecting digital information and compliance with IT security standards
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for 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
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights in software, code, or other IT assets - include when IP transfer or creation is likely
2. Non-Solicitation: Restrictions on hiring or soliciting employees - include when there's significant employee interaction
3. Subcontractors: Provisions governing confidentiality obligations for subcontractors - include when subcontracting is anticipated
4. Cross-Border Data Transfer: Provisions for international data transfer compliance - include for international operations
5. Audit Rights: Rights to audit compliance with confidentiality obligations - include for high-security requirements
6. Insurance Requirements: Specific insurance coverage requirements - include for high-value or high-risk services
7. Survival Clause: Specific provisions that survive termination - include for long-term sensitive information
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational security measures required
4. Schedule 4 - Data Processing Requirements: Specific requirements for handling and processing data
5. Appendix A - Confidentiality Acknowledgment Form: Form for employees/contractors to acknowledge confidentiality obligations
Relevant legal definitions
Confidential Information
IT Services
Authorized Personnel
Authorized Purpose
Affiliate
Agreement
Business Day
Client
Client Data
Confidentiality Period
Data Protection Laws
Disclosing Party
Electronic Form
Force Majeure
Intellectual Property Rights
IT Infrastructure
Licensed Software
Personal Data
Proprietary Information
Receiving Party
Representatives
Security Breach
Service Provider
Source Code
Specification
System
Technical Documentation
Technical Information
Trade Secrets
User
Permitted Purpose
Project
Sensitive Information
Software
Third Party
Network
Database
API
Cloud Services
Digital Assets
Development Environment
Production Environment
Testing Environment
Deliverables
Documentation
Effective Date
Security Protocols
Breach of Confidentiality
Data Processing
Derivative Works
IT Services
Authorized Personnel
Authorized Purpose
Affiliate
Agreement
Business Day
Client
Client Data
Confidentiality Period
Data Protection Laws
Disclosing Party
Electronic Form
Force Majeure
Intellectual Property Rights
IT Infrastructure
Licensed Software
Personal Data
Proprietary Information
Receiving Party
Representatives
Security Breach
Service Provider
Source Code
Specification
System
Technical Documentation
Technical Information
Trade Secrets
User
Permitted Purpose
Project
Sensitive Information
Software
Third Party
Network
Database
API
Cloud Services
Digital Assets
Development Environment
Production Environment
Testing Environment
Deliverables
Documentation
Effective Date
Security Protocols
Breach of Confidentiality
Data Processing
Derivative Works
Clauses
Confidentiality
Data Protection
Information Security
Intellectual Property
Non-Disclosure
Permitted Use
Return of Information
Term and Termination
Breach and Remedies
Indemnification
Governing Law
Jurisdiction
Force Majeure
Assignment
Severability
Entire Agreement
Amendment
Notices
Survival
Digital Security
Access Control
Data Handling
Third Party Disclosure
Non-Solicitation
Dispute Resolution
Representations and Warranties
Audit Rights
Electronic Communications
Data Protection
Information Security
Intellectual Property
Non-Disclosure
Permitted Use
Return of Information
Term and Termination
Breach and Remedies
Indemnification
Governing Law
Jurisdiction
Force Majeure
Assignment
Severability
Entire Agreement
Amendment
Notices
Survival
Digital Security
Access Control
Data Handling
Third Party Disclosure
Non-Solicitation
Dispute Resolution
Representations and Warranties
Audit Rights
Electronic Communications
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
E-commerce
Telecommunications
Manufacturing
Retail
Education
Insurance
Professional Services
Government and Public Sector
Automotive
Pharmaceutical
Media and Entertainment
Relevant Teams
Legal
Information Technology
Information Security
Procurement
Compliance
Risk Management
Operations
Business Development
Project Management
Quality Assurance
Technical Operations
Software Development
System Administration
Data Management
Relevant Roles
Chief Technology Officer
IT Director
Project Manager
Software Developer
Systems Architect
Legal Counsel
Procurement Manager
Information Security Officer
Business Development Manager
Contract Administrator
Risk Manager
Compliance Officer
Operations Manager
Technical Lead
Solution Architect
Database Administrator
IT Consultant
Quality Assurance Manager
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