This Non-Mutual NDA is essential for businesses and individuals operating in India who need to share confidential information while maintaining control over its use and disclosure. The document is particularly relevant when engaging with consultants, vendors, potential business partners, or employees who need access to sensitive information for specific purposes. It provides robust protection under Indian law, incorporating key provisions from the Indian Contract Act, 1872, and related statutes. The agreement is structured to enable effective enforcement through Indian courts and includes specific provisions for injunctive relief and damages in case of breach. The non-mutual nature ensures that confidentiality obligations flow only from the receiving party to the disclosing party, making it suitable for situations where information sharing is predominantly one-directional.
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1. Parties: Identification of the Disclosing Party and Receiving Party with full legal names and addresses
2. Background: Context of the relationship and purpose for sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Representatives', 'Purpose', and other relevant terms
4. Disclosure and Use of Confidential Information: Specifies the scope and manner of permitted disclosure and use of confidential information
5. Obligations of the Receiving Party: Details the receiving party's duties to protect confidential information and prevent unauthorized disclosure
6. Exclusions: Information that falls outside the scope of confidential information (public domain, independently developed, etc.)
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Term and Termination: Duration of the agreement and conditions for termination
9. Remedies: Legal remedies available in case of breach, including injunctive relief
10. Governing Law and Jurisdiction: Specifies Indian law as governing law and defines jurisdiction for disputes
11. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties
1. Survival: Specifies which obligations continue after termination - used in cases where long-term protection is crucial
2. Assignment: Prohibits/permits transfer of rights/obligations - important for corporate transactions
3. Notice: Formal communication procedures - needed for complex business relationships
4. Representatives and Third Party Disclosure: Detailed rules for sharing with employees/advisors - used when wider internal sharing is needed
5. Data Privacy Compliance: Specific provisions for personal data protection - required when confidential information includes personal data
6. Securities Law Compliance: Insider trading prevention - needed when dealing with listed companies
7. Relationship of Parties: Clarifies no partnership/agency is created - useful in business collaboration contexts
1. Schedule A - Description of Confidential Information: Detailed list or categories of information considered confidential
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Specific procedures for handling and protecting confidential information
4. Appendix 1 - Form of Acknowledgment: Template for representatives to acknowledge NDA obligations
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Representatives
Authorized Purpose
Affiliate
Business Day
Effective Date
Confidential Materials
Permitted Use
Trade Secrets
Proprietary Information
Intellectual Property Rights
Personal Data
Technical Information
Business Information
Unauthorized Disclosure
Security Breach
Disclosing Party's Premises
Related Party
Competitive Business
Confidentiality Period
Derivative Materials
Security Protocols
Authorized Representatives
Disclosing Party
Receiving Party
Representatives
Authorized Purpose
Affiliate
Business Day
Effective Date
Confidential Materials
Permitted Use
Trade Secrets
Proprietary Information
Intellectual Property Rights
Personal Data
Technical Information
Business Information
Unauthorized Disclosure
Security Breach
Disclosing Party's Premises
Related Party
Competitive Business
Confidentiality Period
Derivative Materials
Security Protocols
Authorized Representatives
Clauses
Confidentiality
Non-Disclosure
Information Protection
Return of Information
Permitted Use
Term and Termination
Remedies
Indemnification
Governing Law
Jurisdiction
Intellectual Property
Security Measures
Representatives' Obligations
Notice Requirements
Data Protection
Exclusions
Force Majeure
Assignment
Severability
Entire Agreement
Amendment
Waiver
Counterparts
Survival
Non-Disclosure
Information Protection
Return of Information
Permitted Use
Term and Termination
Remedies
Indemnification
Governing Law
Jurisdiction
Intellectual Property
Security Measures
Representatives' Obligations
Notice Requirements
Data Protection
Exclusions
Force Majeure
Assignment
Severability
Entire Agreement
Amendment
Waiver
Counterparts
Survival
Relevant Industries
Technology
Healthcare
Manufacturing
Financial Services
Professional Services
Pharmaceuticals
Biotechnology
Research & Development
Education
Telecommunications
Real Estate
Energy
Retail
Entertainment
Automotive
Relevant Teams
Legal
Compliance
Human Resources
Information Technology
Research and Development
Procurement
Business Development
Corporate Development
Risk Management
Information Security
Operations
Executive Leadership
Intellectual Property
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Legal Counsel
Compliance Officer
Human Resources Manager
Project Manager
Business Development Manager
Research Director
Procurement Manager
Investment Manager
Operations Director
Information Security Officer
Intellectual Property Manager
Corporate Development Manager
Risk Manager
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