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Iron Clad Non Disclosure Agreement

Iron Clad Non Disclosure Agreement Template for India

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Key Requirements PROMPT example:

Iron Clad Non Disclosure Agreement

"I need an Iron Clad Non Disclosure Agreement for protecting our AI technology and machine learning algorithms when sharing them with potential investors in March 2025; the agreement must include specific provisions for source code protection and data security protocols."

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Document background
This Iron Clad Non Disclosure Agreement is designed for situations requiring the highest level of confidentiality protection under Indian law. It is particularly suitable for high-value business relationships, sensitive technology transfers, strategic partnerships, and situations involving critical intellectual property or trade secrets. The document incorporates comprehensive protective measures, specific enforcement mechanisms, and remedies aligned with Indian legal requirements, including provisions from the Indian Contract Act, 1872, and relevant statutes. This agreement is specifically structured to provide maximum enforceability in Indian courts, with detailed clauses addressing digital data protection, physical document security, and specific procedures for handling confidential information. It should be used when standard NDAs are insufficient due to the sensitive nature of the information being protected or the strategic importance of the business relationship.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including their legal status, registered addresses, and authorized representatives

2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship

3. Definitions: Comprehensive definitions including 'Confidential Information', 'Trade Secrets', 'Authorized Recipients', 'Permitted Purpose', and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including derivatives and modifications

5. Obligations of Receiving Party: Core confidentiality obligations, standard of care, security measures, and handling procedures

6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized personnel or legal authorities

7. Term and Survival: Duration of the agreement and survival of obligations post-termination

8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination

9. Remedies for Breach: Specific remedies including injunctive relief, liquidated damages, and indemnification

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

Optional Sections

1. Data Protection Compliance: Required when dealing with personal data or when parties need to comply with specific data protection regulations

2. International Transfer Restrictions: Necessary when confidential information may be transferred across borders

3. Government/Regulatory Disclosure: Required when parties are subject to government oversight or regulatory disclosure requirements

4. Intellectual Property Rights: Additional section when confidential information includes IP that needs specific protection

5. Non-Solicitation: Optional protection against hiring or soliciting employees or customers

6. Residual Rights: Optional clause addressing use of residual knowledge

7. Dispute Resolution: Alternative dispute resolution mechanisms like arbitration or mediation

Suggested Schedules

1. Schedule A - Designated Confidential Information: Detailed list or categories of specific confidential information covered

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

3. Schedule C - Authorized Recipients: List of authorized personnel or entities permitted to access the confidential information

4. Schedule D - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

5. Appendix 1 - Handling Procedures: Detailed procedures for marking, storing, and transmitting confidential information

6. Appendix 2 - Breach Notification Procedures: Step-by-step procedures for reporting and handling potential breaches

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 legal definitions
Confidential Information
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Authorized Recipients
Permitted Purpose
Affiliate
Representatives
Confidential Materials
Derivative Works
Effective Date
Term
Security Measures
Breach
Unauthorized Disclosure
Return
Intellectual Property Rights
Digital Information
Source Code
Technical Information
Business Information
Commercial Information
Financial Information
Personal Data
Residual Information
Notification
Restricted Access
Security Protocols
Authorized Personnel
Confidentiality Period
Excluded Information
Third Party
Group Company
Governing Law
Force Majeure Event
Material Breach
Reasonable Steps
Sensitive Information
Business Day
Clauses
Confidentiality Obligations
Non-Disclosure
Non-Use
Information Security
Data Protection
Return of Information
Destruction of Information
Permitted Disclosures
Excluded Information
Term and Survival
Remedies
Injunctive Relief
Indemnification
Breach Notification
Access Control
Intellectual Property
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Assignment
Third Party Rights
Severability
Entire Agreement
Amendment
Notices
Representations and Warranties
Non-Solicitation
Compliance with Laws
Termination
Counterparts
Costs
Waiver
Relevant Industries

Information Technology

Healthcare

Pharmaceuticals

Financial Services

Manufacturing

Research and Development

Biotechnology

Defense

Aerospace

Professional Services

Telecommunications

Energy

Consumer Electronics

Automotive

Software Development

Relevant Teams

Legal

Compliance

Human Resources

Information Security

Research and Development

Executive Leadership

Business Development

Procurement

Information Technology

Intellectual Property

Contract Administration

Risk Management

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Compliance Officer

Chief Technology Officer

Research Director

Business Development Manager

Project Manager

Human Resources Director

Chief Information Security Officer

Intellectual Property Manager

Contract Manager

Chief Financial Officer

Chief Operating Officer

Innovation Director

Product Development Manager

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India. Sections 10-30 specify requirements for valid contracts, including capacity, consent, and consideration.
Information Technology Act, 2000: Governs electronic records and digital information protection, crucial for NDAs covering digital data and electronic communications.
Copyright Act, 1957: Protects original works and creative content that might be covered under the NDA, including software, documentation, and creative materials.
Protection of Trade Secrets (Common Law): While India doesn't have specific trade secret legislation, common law principles protect trade secrets and confidential information through case law.
Specific Relief Act, 1963: Provides for remedies in case of breach, including injunctive relief to prevent disclosure of confidential information.
Indian Evidence Act, 1872: Relevant for enforcement and proving breach of NDA, especially sections dealing with documentary evidence and privileged communications.
Companies Act, 2013: Contains provisions regarding corporate confidentiality and director's duties regarding confidential information if the NDA involves corporate entities.
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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