Unilateral Confidentiality Agreement Template for India

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Key Requirements PROMPT example:

Unilateral Confidentiality Agreement

"I need a Unilateral Confidentiality Agreement under Indian law for my technology startup to use with potential investors during our Series A funding round starting March 2025, with special emphasis on protecting our AI algorithms and technical documentation."

Document background

The Unilateral Confidentiality Agreement is essential for businesses operating in India that need to share sensitive information while maintaining control over its use and disclosure. This document is commonly used when engaging with consultants, vendors, potential business partners, or during preliminary business discussions where only one party will be disclosing confidential information. It provides legal protection under Indian law for various types of proprietary information including trade secrets, technical data, business strategies, and customer information. The agreement incorporates key provisions required under Indian contract law and is enforceable through Indian courts, offering both injunctive relief and damages as remedies for breach. This type of agreement is particularly crucial in sectors where intellectual property and proprietary information form core business assets.

Suggested Sections

1. Parties: Identification of the Disclosing Party and Receiving Party with full legal names and addresses

2. Background: Context of the agreement and purpose for sharing confidential information

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

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed to authorized representatives or as required by law

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

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

9. Term and Termination: Duration of the agreement and termination provisions

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

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

12. Notice Provisions: Method and addresses for serving notices under the agreement

Optional Sections

1. Intellectual Property Rights: Clarifies ownership and handling of IP rights when confidential information includes IP - used when dealing with technical information or trade secrets

2. Non-Solicitation: Prevents solicitation of employees or customers - included when there's risk of talent or customer poaching

3. Data Privacy Compliance: Special provisions for handling personal data - required when confidential information includes personal data

4. Export Control: Compliance with export control laws - needed for international transfers of technical data

5. Residual Knowledge: Provisions regarding use of general knowledge and experience - included for professional services contexts

6. Force Majeure: Provisions for unforeseen circumstances - included in long-term confidentiality arrangements

7. Assignment and Delegation: Rights to assign the agreement - included when corporate restructuring is likely

Suggested Schedules

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

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 to be followed

4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations

5. Appendix B - Data Handling Procedures: Detailed 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology and Software

Healthcare and Pharmaceuticals

Financial Services

Manufacturing

Professional Services

Research and Development

Energy and Utilities

Telecommunications

Real Estate

Education and Training

Retail and E-commerce

Media and Entertainment

Relevant Teams

Legal

Procurement

Human Resources

Research and Development

Business Development

Information Technology

Operations

Finance

Compliance

Strategic Planning

Innovation

Corporate Development

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Human Resources Director

Procurement Manager

Research Director

Chief Technology Officer

Investment Manager

Operations Director

Compliance Officer

Innovation Manager

Strategic Partnership Director

Vendor Relations Manager

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