Non Disclosure Settlement Agreement for India

Non Disclosure Settlement Agreement Template for India

A comprehensive legal document governed by Indian law that combines settlement terms with confidentiality obligations. This agreement serves the dual purpose of resolving disputes between parties while ensuring sensitive information shared during the dispute or settlement process remains confidential. The document incorporates key elements of Indian contract law, information technology regulations, and common law principles regarding trade secrets and confidential information. It includes detailed provisions for both the settlement terms and the handling of confidential information, making it particularly useful in commercial and employment-related dispute resolutions.

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What is a Non Disclosure Settlement Agreement?

The Non-Disclosure Settlement Agreement is a specialized legal instrument used when parties need to resolve a dispute while maintaining confidentiality about the dispute itself, its resolution, or sensitive information exchanged during the process. This document type is particularly relevant in the Indian legal context, where it must comply with the Indian Contract Act, 1872, and related legislation. It's commonly used in situations involving employment disputes, commercial conflicts, intellectual property disagreements, or business relationship terminations where parties wish to maintain confidentiality while achieving closure. The agreement typically includes specific settlement terms, financial arrangements, confidentiality obligations, and enforcement mechanisms, all structured to be enforceable under Indian law.

What sections should be included in a Non Disclosure Settlement Agreement?

1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and company registration details if applicable

2. Background: Context of the dispute or circumstances leading to the settlement and need for confidentiality

3. Definitions: Definitions of key terms, including 'Confidential Information', 'Settlement', 'Effective Date', and other relevant terms

4. Settlement Terms: Details of the settlement including any payments, actions, or obligations agreed upon by the parties

5. Confidentiality Obligations: Core confidentiality provisions, including scope of confidential information and specific protection requirements

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients

7. Return or Destruction of Confidential Information: Requirements and procedures for returning or destroying confidential information

8. Non-Admission of Liability: Statement that the settlement does not constitute admission of liability by any party

9. Representations and Warranties: Statements of fact and promises made by each party regarding their authority and the confidential information

10. Term and Survival: Duration of the agreement and which provisions survive termination

11. Remedies: Consequences of breach, including injunctive relief and damages

12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Non Disclosure Settlement Agreement?

1. Non-Disparagement: Mutual obligations not to make negative statements about other parties, included when reputation protection is important

2. Non-Circumvention: Provisions preventing parties from bypassing the agreement's purpose, used when business opportunities are involved

3. Employee Protection: Specific provisions related to employee confidentiality and protection, used when settlement involves employment matters

4. Data Protection Compliance: Specific obligations regarding personal data handling, included when personal data is involved

5. Press Release/Public Statements: Guidelines for any public communications about the settlement, included for high-profile cases

6. Insurance Requirements: Obligations to maintain specific insurance coverage, included for high-value settlements

7. Third Party Rights: Provisions affecting or excluding rights of third parties, included when settlement impacts other entities

What schedules should be included in a Non Disclosure Settlement Agreement?

1. Schedule A - Confidential Information: Detailed list or categories of information deemed confidential under the agreement

2. Schedule B - Settlement Payment Terms: Detailed payment schedule, amounts, and methods if monetary settlement is involved

3. Schedule C - Authorized Recipients: List of individuals or entities authorized to receive confidential information

4. Schedule D - Security Protocols: Specific security measures required for protecting confidential information

5. Appendix 1 - Form of Acknowledgment: Template for authorized recipients to acknowledge confidentiality obligations

6. Appendix 2 - Destruction Certificate: Template certificate confirming destruction of confidential information

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

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Retail

Telecommunications

Pharmaceutical

Energy

Real Estate

Education

Media and Entertainment

Automotive

Consumer Goods

Research and Development

Relevant Teams

Legal

Human Resources

Compliance

Risk Management

Executive Leadership

Corporate Affairs

Finance

Operations

Research and Development

Business Development

Intellectual Property

Information Security

Corporate Communications

Administration

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Compliance Officer

Human Resources Director

Chief Financial Officer

Chief Operating Officer

Risk Manager

Business Development Director

Intellectual Property Manager

Corporate Secretary

Senior Legal Counsel

HR Manager

Department Head

Project Manager

Research Director

Commercial Director

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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