Ensure your proprietary information remains confidential and secure. Have your Non-Disclosure Agreement (NDA) professionally drafted by our experienced lawyers at an affordable price. Before sharing any details about your business idea, make sure you’re protected with this essential legal document — your NDA!
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If you run a business, you’ve likely encountered the term Non-Disclosure Agreement (NDA). An NDA is a legal contract designed to protect the confidentiality of information you share with others. It safeguards your sensitive business data by ensuring that anyone with access to it is legally bound not to misuse or disclose it.
NDAs are especially useful when sharing proprietary or confidential information—something entrepreneurs often need to do. Similarly, other businesses may share their sensitive data with you and request that you sign an NDA. That’s why understanding the key aspects and implications of an NDA is essential for any business owner.
A Non-Disclosure Agreement is the most commonly used legal document by businesses because a wide gamut of confidential information is exchanged every day between businesses on a large scale basis. Some important and common instances where you would need an NDA agreement are:
During discussions with the investors at the time of raising funds.
At the time of sharing confidential information with third parties for business partnerships
When you share your confidential and proprietary data with your employees or a freelancer.
Disclosure of information while taking professional consultancy.
Confidential business information that is not publicly available—such as the source code for a software company, customer data for an e-commerce platform, or details of a new invention—should be protected through a Non-Disclosure Agreement (NDA). An NDA helps ensure that such sensitive information remains secure when shared with others.
Here are some key benefits of having an NDA:
Protection of Proprietary Information: Prevents the unauthorized sharing of a business’s confidential data, reducing the risk of financial or reputational loss.
Clear Confidentiality Terms: Clearly defines what information is considered confidential, ensuring both parties understand their obligations from the outset.
Legally Enforceable: As a binding legal contract, an NDA provides a basis for legal recourse in case of breach or non-compliance.
Safeguards Intellectual Property: Helps protect your intellectual assets from unauthorized use or disclosure.
Secures Third-Party Data: Ensures that any sensitive information shared by or about third parties is also protected from misuse.
An NDA is a practical and effective tool to preserve the confidentiality of valuable business information.
An NDA does not cover information that is publicly available or already known to either party before the agreement.
It excludes disclosures made legally by third parties with no duty of confidentiality.
Independently developed data by the receiving party is also not protected.
These exclusions ensure only genuinely confidential information is safeguarded.
Here are key clauses every Non-Disclosure Agreement (NDA) should include:
Definition of Confidential Information: Clearly define what qualifies as confidential to avoid future disputes—usually with a broad scope to cover all proprietary details.
Exclusions from Confidentiality: Specify what is not considered confidential, such as public or previously known information.
Permissible Disclosure: Outline when and to whom confidential information may be legally disclosed, such as employees or advisors.
Term and Termination: Define how long confidentiality obligations will last—this could range from a few years to indefinite duration.
Governing Law and Jurisdiction: Identify the applicable law and court jurisdiction, especially important in cross-border agreements.
Parties who are capable of entering into a contract as per the Indian Contract Act, 1872 can sign an NDA.
The experienced legal professionals at SubmitReturn.com can draft a fully customized NDA tailored to your specific business requirements. Whether you need to create a new NDA or review one received from another party, our expert lawyers are here to assist. Simply share the purpose and context of your NDA with us, and we’ll handle the rest—ensuring your confidential information is legally protected.
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