This Non-Disclosure Agreement IT Services template is specifically designed for use in India where IT service providers and their clients need to protect sensitive information exchanged during technology service delivery. The document becomes essential when parties are entering into discussions or agreements for IT services such as software development, system integration, cloud services, or digital consulting. It is structured to comply with Indian legislation, particularly the Indian Contract Act, 1872, and the Information Technology Act, 2000, while addressing specific IT sector requirements around digital data protection, source code confidentiality, and technological know-how. The agreement is particularly relevant in India's growing IT sector, where protection of proprietary technology, client data, and trade secrets is crucial for maintaining competitive advantage and ensuring regulatory compliance.
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1. Parties: Identification of the disclosing party and receiving party, including registered addresses and company details
2. Background: Context of the IT services relationship and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'IT Services', 'Authorized Personnel', 'Trade Secrets', etc.
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the IT services context
5. Obligations of Confidentiality: Core confidentiality obligations, including storage, handling, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and subcontractors
7. Data Protection and Security: Specific measures required for protecting digital information and compliance with IT security standards
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights in software, code, or other IT assets - include when IP transfer or creation is likely
2. Non-Solicitation: Restrictions on hiring or soliciting employees - include when there's significant employee interaction
3. Subcontractors: Provisions governing confidentiality obligations for subcontractors - include when subcontracting is anticipated
4. Cross-Border Data Transfer: Provisions for international data transfer compliance - include for international operations
5. Audit Rights: Rights to audit compliance with confidentiality obligations - include for high-security requirements
6. Insurance Requirements: Specific insurance coverage requirements - include for high-value or high-risk services
7. Survival Clause: Specific provisions that survive termination - include for long-term sensitive information
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational security measures required
4. Schedule 4 - Data Processing Requirements: Specific requirements for handling and processing data
5. Appendix A - Confidentiality Acknowledgment Form: Form for employees/contractors to acknowledge confidentiality obligations
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