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Indefinite NDA Template for Singapore

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Key Requirements PROMPT example:

Indefinite NDA

"Need an Indefinite NDA under Singapore law to protect proprietary AI algorithms and source code that will be shared with a potential development partner based in Malaysia, starting from March 2025."

What is a Indefinite NDA?

An Indefinite NDA is crucial when sharing sensitive business information that requires permanent protection. This document, governed by Singapore law, establishes ongoing confidentiality obligations without a specific termination date. It's particularly relevant for trade secrets, proprietary technology, and other business-critical information that maintains its value indefinitely. The agreement includes comprehensive provisions for information handling, permitted disclosures, and enforcement mechanisms, while ensuring compliance with Singapore's regulatory framework including the PDPA and trade secrets protection laws.

What sections should be included in a Indefinite NDA?

1. Parties: Identification of the disclosing and receiving parties

2. Background: Context and purpose of the NDA

3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'

4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure

5. Permitted Disclosures: Circumstances under which disclosure is allowed

6. Return of Information: Obligations regarding return or destruction of confidential information

7. Term and Survival: Duration of obligations and surviving provisions

What sections are optional to include in a Indefinite NDA?

1. Data Protection: PDPA compliance provisions, used when personal data may be involved

2. Non-Solicitation: Prevents poaching of employees/clients, used in business contexts

3. Intellectual Property: IP rights provisions, used when IP may be disclosed

4. Export Control: Used when information may be subject to export regulations

What schedules should be included in a Indefinite NDA?

1. Description of Confidential Information: Detailed list or categories of protected information

2. Authorized Representatives: List of individuals authorized to receive confidential information

3. Security Protocols: Specific security measures required for information protection

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


















Clauses
























Industries

Evidence Act: Chapter 97 of Singapore law that governs the admissibility of evidence in legal proceedings, including confidential information and trade secrets

Contract Law: Applied tHRough the Application of English Law Act in Singapore, providing the fundamental framework for contract formation and enforcement

Trade Secrets Protection: Common law principles protecting confidential information and trade secrets in Singapore's legal system

Personal Data Protection Act 2012: Singapore's primary legislation governing the collection, use, disclosure, and care of personal data

Official Secrets Act: Chapter 213 governing the protection of official secrets and sensitive information in Singapore

Computer Misuse and Cybersecurity Act: Legislation addressing cybersecurity and protection of electronic information

Reasonable Duration Requirement: Legal principle requiring NDAs, even indefinite ones, to have reasonable duration that courts may scrutinize

Legitimate Business Interests: Legal requirement that NDAs must protect genuine business interests to be enforceable

Consideration Requirement: Singapore contract law requirement that NDAs must be supported by valid consideration

Geographical Scope: Legal requirement that NDAs must have reasonable geographical limitations

Public Policy Compliance: Requirement that NDAs must not contradict Singapore's public policy

Clearlab SG Pte Ltd v Ting Chong Chai: 2015 Singapore case law (1 SLR 163) providing guidance on confidentiality obligations

Man Financial v Wong Bark Chuan David: 2008 Singapore case law (1 SLR(R) 663) addressing enforceability of restrictive covenants

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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