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A Non-Disclosure Agreement (NDA) is a contract between two or more parties not to disclose any confidential information. Confidential information is something which has to be secret. The following are examples of confidential information:
Non-disclosure Agreement is also known as a Confidentiality Agreement or a Secrecy Agreement. Non-disclosure agreements in India are called confidentiality agreements. However, even though there are synonyms for a Non-disclosure agreement, the ultimate purpose of the Non-disclosure agreement is the same.
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Non-disclosure agreement in India is governed by the Indian Contract Act, 1872. A Non-disclosure agreement is where two or more parties enter into a contract to agree not to disclose the confidential information specified in a particular process. Apart from this, non-disclosure agreements are also present in employment contracts and intellectual property agreements.
The validity of a Non-disclosure agreement in India is on the requirement of being stamped. A Non-disclosure agreement can only be valid and enforceable if it is registered under the Registration Act 1908. In India, a Non-disclosure agreement has to be stamped to be binding. In the eyes of the law, stamping is an essential step for any document to be valid.
A Non-disclosure agreement is entered into between parties to protect information which is confidential to the business. If there is no Non-disclosure agreement, then there can be issues such as information breaches, data theft and secret information will be shared to the competitors of the company. Therefore a Non-disclosure agreement protects the interests of the company. By having a Non-disclosure agreement, the parties understand their rights and duties regarding the agreement. Since the Non-disclosure agreement has a binding force, the parties have to follow it.
The most commonly used Non-disclosure agreements in India are the following:
Also, Read: Format of Confidentiality Agreement .
For every business, it is crucial to sign a Non-disclosure agreement when they are entering into contracts with various parties. The requirement to enter into a Non-disclosure agreement in India is essential in the following circumstances:
A non-disclosure agreement can be added to contracts in the above scenarios.
While drafting a Non-disclosure agreement in India, it is crucial to have the following clauses:
Non-disclosure agreement in India serves as a blanket for protection of confidential information of the parties. This type of agreement can be invoked in many circumstances where the parties are dealing in commercial businesses. However, Non-disclosure agreements in India also apply to situations where there is a relationship between an employer and employee. Therefore Non-disclosure agreements in India can be used in circumstances where there is a disclosure of confidential information. If the information is classified as confidential, then the parties have the right to enter into a Non-disclosure agreement.
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