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Relationship Confidentiality Agreement

Relationship Confidentiality Agreement Template for India

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Key Requirements PROMPT example:

Relationship Confidentiality Agreement

"I need a Relationship Confidentiality Agreement for a technology consulting arrangement between our Mumbai-based software company and a US-based client, with specific provisions for source code protection and cross-border data transfer compliance."

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Document background
The Relationship Confidentiality Agreement is essential when parties need to share sensitive business information while exploring or maintaining business relationships in India. This document is particularly crucial given India's evolving business landscape and the absence of specific trade secret legislation, relying instead on contractual protections. The agreement covers various types of confidential information including trade secrets, proprietary technology, customer data, and business strategies. It ensures compliance with Indian legal requirements while providing robust protection for sensitive information exchange. This document is commonly used in scenarios ranging from potential business partnerships to vendor relationships, and can be customized based on specific industry requirements and the nature of the confidential information being shared.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including registered addresses and company details

2. Background: Context of the relationship and purpose of entering into the confidentiality agreement

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

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

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom

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

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

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

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

Optional Sections

1. Non-Solicitation: Prevents solicitation of employees/clients, used when parties have access to personnel/client information

2. Intellectual Property Rights: Clarifies IP ownership and rights, needed when confidential information includes IP

3. Data Privacy Compliance: Additional provisions for handling personal data, required if personal data is involved

4. Export Control: Provisions for international data transfer, needed for cross-border relationships

5. Force Majeure: Provisions for unforeseen circumstances, optional but recommended for long-term relationships

6. Insurance Requirements: Specific insurance requirements for handling confidential information, used in high-risk scenarios

7. Audit Rights: Rights to audit compliance with confidentiality obligations, useful for regulated industries

Suggested Schedules

1. Schedule 1 - Specific Confidential Information: Detailed list or categories of confidential information covered

2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party permitted to access confidential information

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

4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used

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

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

Information Technology

Healthcare

Financial Services

Manufacturing

Research and Development

Biotechnology

Pharmaceuticals

Professional Services

Telecommunications

Energy

Real Estate

Education

E-commerce

Defense

Automotive

Relevant Teams

Legal

Compliance

Executive Leadership

Business Development

Research and Development

Procurement

Human Resources

Information Technology

Operations

Finance

Strategy

Innovation

Product Development

Partnership Management

Risk Management

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Head of Operations

Procurement Manager

Human Resources Director

Investment Manager

Partnership Manager

Compliance Officer

Technical Director

Innovation Manager

Strategy Consultant

Vendor Manager

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India, providing the basic framework for confidentiality agreements
Information Technology Act, 2000: Governs electronic records and digital information sharing, relevant for digital confidential information and data protection obligations
Copyright Act, 1957: Protects original works and could be relevant for confidential materials that include copyrightable content
Patents Act, 1970: Relevant when confidential information includes potential patentable innovations or technical information
Protection of Plant Varieties and Farmers' Rights Act, 2001: Specific to agricultural sector confidential information if applicable to the relationship
Companies Act, 2013: Contains provisions regarding maintenance of confidentiality of company information and trade secrets
Specific Industry Regulations: Various sector-specific regulations (like SEBI regulations for financial sector, IRDA for insurance) that may contain confidentiality requirements
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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