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Electronic Non Disclosure Agreement

Electronic Non Disclosure Agreement Template for India

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Key Requirements PROMPT example:

Electronic Non Disclosure Agreement

"I need an Electronic Non Disclosure Agreement under Indian law for my software development company that will share sensitive code and technology with multiple offshore contractors, with specific provisions for electronic data protection and source code security."

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Document background
The Electronic Non Disclosure Agreement is essential in today's digital business environment where sensitive information is increasingly shared through electronic means. This document is specifically designed for use in India, ensuring compliance with the Information Technology Act, 2000, and other relevant Indian legislation. It is particularly valuable when parties need to exchange confidential information electronically, during business negotiations, collaborative projects, or service engagements. The agreement includes provisions for digital signatures, electronic record-keeping, and specific security measures for protecting electronic data. It addresses both technical and legal requirements for electronic contracts under Indian law, making it suitable for both domestic and international business relationships where Indian law governs the arrangement.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company registration details

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

3. Definitions: Definitions of key terms including 'Confidential Information', 'Electronic Form', 'Digital Signature', and other relevant terms

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

5. Obligations of Receiving Party: Core confidentiality obligations, including use restrictions, security measures, and non-disclosure requirements

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. Electronic Records and Signatures: Provisions regarding the electronic nature of the agreement, compliance with IT Act, and validity of digital signatures

8. Term and Survival: Duration of the agreement and provisions that survive termination

9. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request

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

11. Notice Provisions: Methods and addresses for serving notices, including electronic communication protocols

Optional Sections

1. Specific Security Measures: Detailed IT security requirements when dealing with highly sensitive electronic data or specific industry requirements

2. Data Privacy Compliance: Additional provisions for compliance with data protection laws when personal data is involved

3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

4. Intellectual Property Rights: Specific provisions regarding IP rights when the confidential information includes patentable inventions or trade secrets

5. Competition Restrictions: Non-compete provisions if relevant to the business context

6. Audit Rights: Rights to audit compliance with security measures for highly sensitive information

7. Insurance Requirements: Obligations to maintain specific insurance coverage for high-value confidential information

Suggested Schedules

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

2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access or handle confidential information

3. Schedule 3 - Security Protocols: Specific technical and organizational security measures for electronic information

4. Appendix A - Acknowledgment Form: Form for employees or subcontractors to acknowledge confidentiality obligations

5. Appendix B - Data Destruction Certificate: Template certificate for confirming destruction of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Information Technology

Software Development

Management Consulting

Professional Services

Manufacturing

Healthcare

Financial Services

E-commerce

Research and Development

Telecommunications

Biotechnology

Digital Media

Education Technology

Relevant Teams

Legal

Information Technology

Human Resources

Research and Development

Business Development

Operations

Information Security

Procurement

Executive Leadership

Project Management

Data Protection

Compliance

Corporate Development

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Legal Counsel

Business Development Manager

Project Manager

Human Resources Director

Information Security Officer

Research Director

Procurement Manager

Operations Manager

Software Developer

Consultant

System Administrator

Data Protection Officer

Investment Analyst

Industries






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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