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Non Compete Non Disclosure Agreement

Non Compete Non Disclosure Agreement Template for India

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Key Requirements PROMPT example:

Non Compete Non Disclosure Agreement

"I need a Non-Compete Non-Disclosure Agreement for hiring senior software developers in our Bangalore-based AI startup, with specific focus on protecting our machine learning algorithms and preventing them from joining competitors in India for 12 months after employment ends."

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Document background
This Non-Compete Non-Disclosure Agreement is essential for businesses operating in India who need to protect their confidential information and maintain competitive advantage. The document is particularly crucial when engaging with employees, contractors, or business partners who will have access to sensitive information or could pose competitive threats. It addresses both the non-disclosure of confidential information and restrictions on competitive activities, tailored to comply with Indian legal requirements. While Indian courts generally maintain a conservative approach toward post-employment non-compete restrictions, the agreement can be effectively structured to protect legitimate business interests during the engagement period and confidentiality obligations thereafter. The document should be customized based on the specific relationship, industry context, and nature of confidential information involved.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and company registration details where applicable

2. Background: Context of the agreement, relationship between parties, and purpose of entering into the NCNDA

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Competitive Activities', 'Territory', and 'Restricted Period'

4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and non-disclosure of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients

6. Non-Competition Covenant: Scope of competitive restrictions, including temporal and geographical limitations, specific prohibited activities

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

8. Intellectual Property Rights: Protection of IP rights and ownership of confidential information

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

10. Breach and Remedies: Consequences of breach, including injunctive relief and damages

11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices

Optional Sections

1. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers - included when business relationships need additional protection

2. Data Protection: Specific provisions for handling personal data under relevant data protection laws - included when personal data processing is involved

3. Assignment Rights: Rights to assign the agreement to other parties - included in corporate contexts or when M&A activity is anticipated

4. Separate Undertakings: Severability provisions for non-compete obligations - included when restrictions vary by territory or activity

5. Training and Investment Protection: Provisions protecting company investment in employee training - included in employment contexts

6. Exit Obligations: Specific procedures upon termination - included in complex business relationships

Suggested Schedules

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

2. Schedule 2 - Restricted Territory: Specific geographical areas where non-compete restrictions apply

3. Schedule 3 - Restricted Activities: Detailed list of prohibited competitive activities

4. Schedule 4 - Authorized Recipients: List of persons authorized to receive confidential information

5. Appendix A - Security Protocols: Specific procedures for handling and protecting confidential information

6. Appendix B - Return Procedures: Detailed procedures for returning or destroying 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

Pharmaceuticals

Healthcare

Financial Services

Manufacturing

Research and Development

Professional Services

E-commerce

Telecommunications

Biotechnology

Media and Entertainment

Education and Training

Retail

Automotive

Relevant Teams

Legal

Human Resources

Research & Development

Information Technology

Sales

Executive Leadership

Product Development

Business Development

Operations

Finance

Marketing

Strategy

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Engineer

Research Scientist

Product Manager

Business Development Manager

Sales Director

Human Resources Manager

Project Manager

Technical Lead

Financial Analyst

Marketing Director

Operations Manager

Data Scientist

Strategy Consultant

Account Manager

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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