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Indemnity Confidentiality Agreement

Indemnity Confidentiality Agreement Template for India

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Key Requirements PROMPT example:

Indemnity Confidentiality Agreement

"I need an Indemnity Confidentiality Agreement for a technology partnership between my software company and a cloud services provider in India, with strong protection for source code and technical specifications, and specific indemnification for any data breaches."

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Document background
The Indemnity Confidentiality Agreement is essential for business relationships where sensitive information needs to be shared while maintaining robust protection through both confidentiality obligations and indemnification provisions. This document is particularly relevant in the Indian business context, where it provides comprehensive protection under Indian law for situations involving the disclosure of trade secrets, proprietary information, technical data, business strategies, or other confidential information. It is commonly used in business negotiations, joint ventures, service agreements, and other commercial relationships where the disclosing party requires additional security beyond standard confidentiality provisions. The agreement ensures compliance with Indian legal requirements while providing specific remedies and indemnification mechanisms in case of breach.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and 'Losses'

4. Confidentiality Obligations: Core obligations regarding protection, non-disclosure, and restricted use of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law

6. Security Measures: Specific measures required to protect confidential information

7. Indemnification: Scope of indemnification, including covered losses and procedures for claiming indemnification

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Term and Survival: Duration of the agreement and provisions that survive termination

10. General Provisions: Standard provisions including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Intellectual Property Rights: Additional provisions clarifying ownership and protection of IP rights in confidential information

2. Data Privacy Compliance: Specific provisions for compliance with data protection laws when confidential information includes personal data

3. Non-Competition: Restrictions on competitive activities, if relevant to the business relationship

4. Insurance Requirements: Specific insurance obligations related to indemnification provisions

5. Dispute Resolution: Alternative dispute resolution procedures such as arbitration or mediation

6. Force Majeure: Provisions for handling unforeseen circumstances affecting confidentiality obligations

7. Representatives' Obligations: Detailed provisions regarding obligations of authorized representatives

Suggested Schedules

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

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and procedures required for protecting confidential information

4. Schedule 4 - Indemnification Procedures: Detailed procedures for making and responding to indemnification claims

5. Appendix A - Form of Confidentiality Undertaking: Template undertaking to be signed by representatives who will access 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Research & Development

Pharmaceuticals

Telecommunications

Energy

Real Estate

Education

Retail

Automotive

Aerospace

Biotechnology

Relevant Teams

Legal

Compliance

Business Development

Research and Development

Executive Leadership

Procurement

Risk Management

Corporate Affairs

Information Technology

Operations

Innovation

Strategic Planning

Finance

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Chief Technology Officer

Chief Financial Officer

Research Director

Project Manager

Procurement Manager

Compliance Officer

Risk Manager

Corporate Secretary

Operations Director

Innovation Manager

Strategic Partnership Manager

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India. Relevant sections include those dealing with consideration, competency to contract, and remedies for breach.
Information Technology Act, 2000: Governs electronic records and digital information security, particularly relevant for protecting digital confidential information and data privacy.
Indian Evidence Act, 1872: Contains provisions regarding confidentiality of business information and trade secrets in legal proceedings.
Specific Relief Act, 1963: Provides remedies including injunctive relief for breach of confidentiality and enforcement of indemnity provisions.
Copyright Act, 1957: Relevant when confidential information includes copyrighted materials or trade secrets.
Companies Act, 2013: Contains provisions regarding corporate confidentiality obligations and director's duties regarding confidential information.
Competition Act, 2002: Relevant for ensuring confidentiality provisions do not violate anti-competitive practices regulations.
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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