This Perpetual Non Disclosure Agreement is designed for situations where parties need to share highly sensitive information that requires indefinite protection under Indian law. It is particularly crucial for businesses engaging in strategic partnerships, joint ventures, or any scenario where proprietary information, trade secrets, or sensitive business data needs to be shared. The agreement ensures that confidential information remains protected without any time limitation, making it especially suitable for protecting long-term business interests, intellectual property, and trade secrets. It incorporates provisions compliant with Indian contract law and information technology regulations, while addressing specific requirements for perpetual obligations under Indian jurisdiction. This document is essential for establishing trust and legal protection in business relationships where confidential information needs permanent protection.
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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 agreement, business relationship, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon request or termination
9. Duration and Survival: Establishment of the perpetual nature of obligations and survival of terms
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 disputes
1. Data Protection Compliance: Additional provisions for compliance with data protection laws when confidential information includes personal data
2. Third Party Rights: Provisions regarding rights of third parties whose confidential information may be involved
3. Export Control: Provisions for compliance with export control laws when applicable to the confidential information
4. Intellectual Property Rights: Specific provisions regarding IP rights in confidential information when relevant
5. Non-Solicitation: Provisions preventing solicitation of employees or customers, if relevant to the business relationship
6. Force Majeure: Provisions for handling confidential information in force majeure situations
7. Assignment and Succession: Provisions regarding transfer of rights and obligations, particularly relevant for long-term agreements
1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized representatives from both parties who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Appendix A - Acknowledgment Form: Form for representatives to acknowledge their confidentiality obligations
5. Appendix B - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Manufacturing
Pharmaceuticals
Financial Services
Professional Services
Healthcare
Biotechnology
Research and Development
Telecommunications
E-commerce
Automotive
Aerospace
Defense
Energy
Consumer Goods
Relevant Teams
Legal
Human Resources
Information Technology
Research and Development
Business Development
Corporate Strategy
Operations
Procurement
Information Security
Compliance
Product Development
Innovation
Partnership Management
Contract Administration
Executive Leadership
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Financial Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Human Resources Director
Operations Manager
Procurement Manager
Technology Consultant
Strategic Partnership Manager
Intellectual Property Manager
Information Security Officer
Product Development Manager
Senior Engineer
Corporate Strategy Director
Innovation Manager
Compliance Officer
Contract Administrator
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