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Non Disclosure Agreement NDA

A Non-Disclosure Agreement (NDA), also known as a confidentiality agreement, is a legally binding agreement in which one party agrees to give the other party confidential information about its business or products, and the other party agrees not to share this information with anyone. For other fixed periods.

NDAs protect sensitive information and intellectual property. It decides in detail what information should remain private and what can be released to the public.

At the beginning of a business relationship an NDA is typically signed. The information covered by an NDA can be unlimited, from test results to system specifications to customer lists and sales figures. If the information gets leaked and the NDA gets broken, It is called a breach of contract.

Types of NDA (Non-Disclosure Agreement)

The following are the types of Non Disclosure Agreements;

  • Unilateral NDA

When two parties agree and only one agrees to share confidential information and prohibits the other from disclosing that information to any other party.

  • Bilateral NDA

Under this type of agreement, both entering parties agree to disclose information to each other and to prevent disclosure by either party to any other party not involved in the agreement.

  • Multi Party NDA

When three or more parties enter into an agreement and only one of them discloses confidential information to both the other parties and expects that the information will not be disclosed to any other party.

Important Points to Remember Before Reading a Non-Disclosure Agreement

Important Points to Remember Before Reading a Non-Disclosure Agreement

  • Non-Disclosure Period

This is the period when the contract came into existence and the period during which the parties to the agreement are expected to maintain the confidentiality of the information. NDAs should not be entered into for a long time because entering into new ventures and businesses requires sharing certain information, and long-term non-disclosure agreements prevent that.

  • Confidential Information Mentioned in the NDA

This section of the NDA refers to and specifies the portion of information to be kept confidential. Such pieces of information are detailed in the schedule and sent via email with instructions attached to them.

  • Responsibilities, Obligations, and Duties of the Parties to the NDA

A non-disclosure agreement usually states the responsibilities and liabilities of the parties. For example, the parties to the agreement may use a rule that only certain channels are used for the communication of information, or may require any information to be marked as 'confidential'.

  • The Situation Happens when an NDA is Breached

The most important thing to look at in an NDA is what the consequences will be if the confidentiality clause in the contract is broken or ignored. It should always be specified in the contract agreement. Failure to comply with the terms of the contract resulted in monetary penalties or compensation for all damages.

  • Right to Seek an Injunction order in NDA

Financial damages for breach of contract terms may not always compensate the party agreeing as stated in the terms of the contract, or the party alleged to have breached the NDA or any of its clauses.

Intervene by the court and obtain a stay order on the sentence imposed by the other parties only if valid evidence is provided.

Mansee Online
Expertise in Private Limited


Mansee Online

Expertise in Private Limited Company


Advantages of NDA

Non-disclosure agreements are entered into by the parties to protect the business and its assets. Every company has competitors who always want to make more profit and increase their reach in the market by eliminating their competition.

An NDA protects the future of a business by preventing the sharing of confidential information. NDA is used in the following situations

  • In terms of chemical/mechanical and manufacturing processes, companies use raw materials, ingredients, chemicals used in production, or the method used by the manufacturing unit to obtain the product. These are generally protected under an NDA.
  • Marketing, advertising, and other business strategies are also considered trade secrets and are protected under non-disclosure agreements. Business strategies and plans are different for every company and are considered unique. Every business operates differently, so these methods of advertising are protected under an NDA.
  • Product specifications, designs, manufacturing processes, and blueprints of any upcoming or existing products are considered trade secrets and protected under NDA.
  • Computer software is the most common example of goods protected under an NDA. Every financial institution, banks, manufacturing unit of any commodity, and security agencies depend on computer software designed according to their needs and different for every other business. This software may not be provided to everyone and is included in the contract as such.

Frequently Asked Questions

Is NDA enforceable in India?
A Non-Disclosure Agreement (NDA) is governed by the Indian Contract Act 1872 and is a legally binding contract under it. It is recommended to seal the NDA agreement to maintain its legality.
How can I legally terminate an NDA?
One way to get out of an NDA is when the contract expires. Another way is if the contract is terminated by its termination clause. In some cases, however, your legal obligation to maintain confidentiality may continue for several years.
Can NDA be broken in court?
Yes, non-disclosure agreements are legally binding agreements that prohibit one party from sharing private information with another. Although an NDA is enforceable by legal action, a court may not enforce the NDA's content if it violates state law or other common law.
Is NDA highly confidential?
Once all parties sign the NDA, it becomes a legally enforceable contract. Therefore, entering into an NDA (Non-Disclosure Agreement) is a great way to protect the confidential and sensitive information of any business entity from being misused.
What is the punishment for breaking an NDA?
The penalty for breaking a non-disclosure agreement (NDA) can be different depending on the terms of the agreement and where it was signed. It can be anything from paying money to taking legal action to being charged with a crime.
What to avoid in NDA?
Mistakes to avoid in non-disclosure agreements the wrong mention of the party in NDA:
  • Very wide scope
  • Information is already known
  • The recipient party managed to develop all the information:
  • Signature by an unauthorized person or insufficient authority to bind.
How many years should an NDA last in India?
No such specific time limit is placed on the duration of the non-disclosure agreement. Generally, a non-disclosure agreement is extended for a period of 2 to 5 years. Corporations may also enter into non-terminating non-disclosure agreements to protect trade secrets in perpetuity.

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