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NDA For Service Provider

NDA For Service Provider Template for India

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Key Requirements PROMPT example:

NDA For Service Provider

"I need an NDA for Service Provider governed by Indian law for a software development company that will be handling our proprietary source code and customer data, with strict data security provisions and breach notification requirements starting March 2025."

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Document background
This NDA For Service Provider template is specifically designed for use in India when engaging external service providers who will need access to confidential business information. It becomes essential when companies outsource services or engage contractors who may have access to sensitive company data, trade secrets, customer information, or proprietary technology. The agreement is structured to comply with Indian contract law, particularly the Indian Contract Act, 1872, and incorporates relevant provisions from the Information Technology Act, 2000. It's particularly relevant in today's digital business environment where service providers often require access to digital systems and data. The document includes provisions for both traditional confidentiality protection and modern data security requirements, making it suitable for various service engagement scenarios in the Indian business context.
Suggested Sections

1. Parties: Identification of the disclosing party and the receiving party (service provider), including full legal names and addresses

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

3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information and explicit exclusions

5. Obligations of Confidentiality: Core confidentiality obligations, standard of care, and security measures required

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and advisors

7. Term and Termination: Duration of the agreement and circumstances for termination

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

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

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

Optional Sections

1. Non-Solicitation: Prohibits hiring or soliciting employees/clients. Include when there's significant employee interaction or client exposure

2. Data Privacy Compliance: Specific obligations regarding personal data protection. Include when confidential information includes personal data

3. Information Security Requirements: Specific technical and organizational security measures. Include for digital information or sensitive data

4. Export Control: Compliance with export control laws. Include when dealing with technical data or international transfers

5. Intellectual Property Rights: Clarification of IP ownership and licenses. Include when confidential information includes IP

6. Audit Rights: Right to audit compliance with confidentiality obligations. Include for high-risk or regulated industries

Suggested Schedules

1. Schedule 1 - Description of Services: Detailed description of services being provided, relevant to understanding scope of confidential information access

2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed

4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by representatives

5. Appendix B - Data Handling Procedures: Specific procedures for handling, storing, and destroying 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 legal definitions
Confidential Information
Disclosing Party
Receiving Party
Affiliate
Authorized Representative
Services
Permitted Purpose
Representatives
Confidentiality Undertaking
Trade Secrets
Proprietary Information
Digital Data
Security Breach
Intellectual Property Rights
Service Provider Personnel
Competing Business
Data Protection Laws
Force Majeure Event
Working Day
Group Company
Professional Advisers
Restricted Period
Security Requirements
Technical Information
Business Information
Commercial Information
Personal Data
Process/Processing
Return
Term
Territory
Unauthorized Access
Permitted Disclosees
Residual Information
Compliance Laws
Relevant Industries

Information Technology

Business Process Outsourcing

Financial Services

Healthcare

Manufacturing

Professional Services

Telecommunications

Research and Development

Consulting

Engineering Services

Digital Marketing

Software Development

Data Analytics

Cloud Services

Relevant Teams

Legal

Procurement

Vendor Management

Compliance

Information Security

Operations

Human Resources

Information Technology

Risk Management

Project Management

Business Development

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Procurement Manager

Vendor Management Officer

Contract Manager

Project Manager

Information Security Officer

Data Protection Officer

Compliance Officer

Operations Manager

Human Resources Director

Chief Technology Officer

Business Development Manager

Risk Manager

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India. Relevant for establishing the basic contractual framework of the NDA.
Information Technology Act, 2000: Governs electronic data and information security. Relevant for protecting digital confidential information and electronic communications.
Copyright Act, 1957: Protects original works and intellectual property. Relevant when confidential information includes copyrightable material.
Patents Act, 1970: Important when confidential information includes potential patentable innovations or technical information.
Companies Act, 2013: Contains provisions regarding corporate confidentiality and director duties. Relevant when dealing with corporate information.
Constitution of India, Article 21: Fundamental right to privacy, which has bearing on handling personal information within confidential data.
Specific Industry Regulations: Depending on the service provider's industry (e.g., SEBI regulations for financial services, TRAI for telecommunications).
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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