Bilateral NDA Template for India

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Key Requirements PROMPT example:

Bilateral NDA

"I need a Bilateral NDA governed by Indian law for a potential technology partnership between my software development company and a cloud services provider, with specific provisions for protecting source code and customer data, to be effective from March 2025."

Document background

This Bilateral NDA template is designed for situations where two parties need to exchange confidential information while exploring or engaging in business opportunities in India. The document is particularly relevant when parties are considering joint ventures, strategic partnerships, service agreements, or other business collaborations where sensitive information needs to be shared. The agreement complies with Indian contract law requirements and includes specific provisions addressing both traditional and digital confidential information. A Bilateral NDA is essential when both parties will be sharing confidential information, as opposed to a unilateral NDA where only one party discloses confidential information. The document includes comprehensive definitions of confidential information, clear obligations for both parties, and enforcement mechanisms suitable for the Indian jurisdiction.

Suggested Sections

1. Parties: Identification and details of both parties entering into the NDA, including registered addresses and company registration numbers if applicable

2. Background: Context of the agreement, explaining why the parties are entering into an NDA and the general purpose of their business relationship

3. Definitions: Clear definitions of key terms used throughout the agreement, particularly 'Confidential Information', 'Representatives', 'Purpose', and 'Permitted Use'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. Term and Survival: Duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

9. Remedies: Available remedies in case of breach, including injunctive relief

10. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for dispute resolution

11. Entire Agreement: Standard clause confirming this document represents the entire agreement between parties regarding confidentiality

Optional Sections

1. Non-Solicitation: Optional clause preventing parties from soliciting each other's employees or clients, used when parties will have significant exposure to each other's personnel or customer base

2. Non-Competition: Optional clause restricting competitive activities, used when sharing highly sensitive business information that could enable direct competition

3. Data Protection: Additional provisions for handling personal data under relevant privacy laws, used when confidential information includes personal data

4. Export Control: Provisions regarding compliance with export control laws, used when information may be subject to international transfer restrictions

5. Reverse Engineering: Prohibition on reverse engineering of any technical information or products, used when sharing technical data or product specifications

6. Force Majeure: Provisions for handling confidentiality obligations during unforeseen circumstances, used in long-term NDAs

7. Assignment: Rules regarding transfer of rights and obligations, used when parties anticipate possible corporate restructuring

8. Severability: Provision ensuring remainder of agreement stays valid if any part is found invalid, used in complex or high-value agreements

Suggested Schedules

1. Schedule 1 - Specified Purpose: Detailed description of the specific purpose for which confidential information may be used

2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information

4. Appendix A - Types of Confidential Information: Detailed categorization of different types of confidential information covered

5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Healthcare

Financial Services

Education

Professional Services

Pharmaceuticals

Telecommunications

Energy

Automotive

Aerospace

Research and Development

Entertainment

Real Estate

Retail

Relevant Teams

Legal

Executive Leadership

Business Development

Research & Development

Human Resources

Information Technology

Finance

Operations

Procurement

Intellectual Property

Strategy

Partnerships

Commercial

Investment

Product Development

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Business Development Manager

Legal Counsel

Chief Financial Officer

Project Manager

Research Director

Human Resources Director

Operations Manager

Procurement Manager

Investment Manager

Chief Information Officer

Technical Director

Commercial Director

Intellectual Property Manager

Strategy Consultant

Partnership Manager

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