The Mutual Non-Disclosure Agreement Form is a critical legal document used when two or more parties need to share confidential information while ensuring mutual protection of their respective sensitive data. This document is particularly relevant in the Indian business context, where it is governed by the Indian Contract Act, 1872, and supported by various other legislations including intellectual property laws and the Information Technology Act, 2000. It is commonly used during business negotiations, joint ventures, potential partnerships, or any situation where parties need to exchange sensitive information such as trade secrets, technical know-how, customer data, or business strategies. The agreement provides equal protection to all parties involved, making it distinct from a unilateral NDA, and includes specific provisions for enforcement under Indian law.
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1. Parties: Identification of all parties entering into the agreement, including full legal names, addresses, and company registration details
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Representatives', 'Purpose', and other important terms used in the agreement
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core mutual obligations regarding the protection and non-disclosure of confidential information
6. Permitted Use and Disclosure: Specified purposes for which confidential information may be used and circumstances under which disclosure is permitted
7. Information Security Measures: Required procedures and safeguards for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and conditions for 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 dispute resolution
12. General Provisions: Standard boilerplate clauses including severability, amendments, and entire agreement
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights when the confidential information includes patentable inventions or copyright material
2. Non-Solicitation: Provisions preventing parties from soliciting each other's employees or clients, used when parties will have substantial contact with each other's personnel
3. Data Protection Compliance: Specific provisions for compliance with data protection laws when personal data is involved
4. Export Control: Provisions regarding compliance with export control laws when international transfer of technology is involved
5. Competitive Activities: Provisions clarifying that the agreement doesn't restrict certain competitive activities, used when parties are competitors
6. Residual Information: Provisions addressing use of residual knowledge, used in technology and consulting contexts
7. Force Majeure: Provisions for handling confidentiality obligations during extraordinary circumstances, used in long-term NDAs
1. Schedule 1 - Description of Purpose: Detailed description of the business purpose for which confidential information is being shared
2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed when handling confidential information
4. Schedule 4 - Information Categories: Categorization of different types of confidential information and their respective handling requirements
5. Appendix A - Destruction Certificate: Template certificate to be used when confirming destruction of confidential information
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