This Small Business Non Disclosure Agreement is essential for Indian small businesses engaging in relationships where confidential information needs to be shared or accessed. It provides a legally robust framework under Indian law for protecting sensitive business information, trade secrets, and proprietary data. The document is particularly relevant when engaging with contractors, service providers, potential business partners, or employees who need access to confidential information. It incorporates provisions from the Indian Contract Act, 1872, and relevant common law principles, while being structured in a way that is accessible and practical for small business operations. The agreement includes clear definitions of confidential information, specific obligations for information handling, and enforcement mechanisms suitable for the Indian legal context.
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1. Parties: Identifies the disclosing and receiving parties, including their legal names, addresses, and company registration details
2. Background: Explains the context and purpose of the agreement, including the business relationship between the parties
3. Definitions: Defines key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Clearly specifies what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Details the receiving party's duties to protect and maintain confidentiality
6. Permitted Disclosures: Specifies who can access the confidential information and under what circumstances
7. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information after the agreement ends
9. Remedies: Specifies the consequences of breach and available legal remedies
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Solicitation: Prevents poaching of employees or clients, include when there's direct business interaction
2. Data Protection Compliance: Include when personal data will be shared under the agreement
3. Intellectual Property Rights: Include when IP might be created or shared during the business relationship
4. Export Control: Include when dealing with technical data or international transfers
5. Force Majeure: Include when long-term confidentiality obligations might be affected by external events
6. Digital Security Measures: Include when confidential information will be shared electronically
7. Competitive Restrictions: Include when parties are in the same industry or market
1. Schedule 1 - Specified Confidential Information: Detailed list of specific documents, data, or information deemed confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific procedures for handling and protecting confidential information
4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations
5. Appendix B - Data Destruction Certificate: Template for certifying destruction of confidential information
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