Hello,
I am Malvika. Recently, I joined a startup company in an HR role. As the company is a startup Pvt. Ltd., everything is still in the process. My senior has assigned me the task of creating a confidentiality agreement for this new company. However, I am unsure of how to go about drafting a confidentiality agreement. Kindly suggest to me how I can proceed with this.
Regards,
Malvika
From India, Delhi
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I am Malvika. Recently, I joined a startup company in an HR role. As the company is a startup Pvt. Ltd., everything is still in the process. My senior has assigned me the task of creating a confidentiality agreement for this new company. However, I am unsure of how to go about drafting a confidentiality agreement. Kindly suggest to me how I can proceed with this.
Regards,
Malvika
From India, Delhi
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There are legal consequences in case of a breach of a confidentiality agreement. Also, the level of confidentiality will differ from one level to another. Almost all companies with good standing have it drafted by a lawyer, and the terms are very specific to the product line of the company. Never try to cut and paste from other companies, as it has to be tailor-made to your requirements. I would suggest you approach a lawyer of good standing to draft it for you.
From United+States, San+Francisco
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13From United+States, San+Francisco
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Dear Ms. Malvika,
I am sharing the agreement currently in effect in my organization. Please make any necessary amendments as per your requirements.
Regards,
Col. Rathi
NONDISCLOSURE AGREEMENT
This Nondisclosure Agreement (the "Agreement") is entered into by and between [Company Name], with its principal offices at [Address] ("Disclosing Party"), and [Name of GM], who has been appointed as GM of the factory at [Location] ("Receiving Party"), for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship concerning the disclosure of certain proprietary and confidential information ("Confidential Information").
1. Definition of Confidential Information. For the purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which the Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word "Confidential" or a similar warning. If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide a writing indicating that such oral communication constituted Confidential Information.
2. Exclusions from Confidential Information. The Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by the Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or the Disclosing Party's representatives; or (d) disclosed by the Receiving Party with the Disclosing Party's prior written approval.
3. Obligations of the Receiving Party. The Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. The Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. The Receiving Party shall not, without the prior written approval of the Disclosing Party, use for the Receiving Party's benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Disclosing Party, any Confidential Information. The Receiving Party shall return to the Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if the Disclosing Party requests it in writing.
4. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement, and the Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until the Disclosing Party sends the Receiving Party written notice releasing the Receiving Party from this Agreement, whichever occurs first.
5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party as a partner, joint venture for any purpose.
6. If a court in Delhi finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted to best effect the intent of the parties.
7. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in writing signed by both parties.
8. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
This contract shall be governed by and construed in accordance with Indian Law, and each party to this contract submits to the exclusive jurisdiction of the courts of Delhi.
This Agreement and each party's obligations shall be binding on the representatives, assigns, and successors of such party. Each party has signed this Agreement through its authorized representative.
__________________________________________________ (Signature)
Name and designation
Date: _______________
__________________________________________________ (Signature)
Name and designation
Date: _______________
From India, Delhi
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I am sharing the agreement currently in effect in my organization. Please make any necessary amendments as per your requirements.
Regards,
Col. Rathi
NONDISCLOSURE AGREEMENT
This Nondisclosure Agreement (the "Agreement") is entered into by and between [Company Name], with its principal offices at [Address] ("Disclosing Party"), and [Name of GM], who has been appointed as GM of the factory at [Location] ("Receiving Party"), for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship concerning the disclosure of certain proprietary and confidential information ("Confidential Information").
1. Definition of Confidential Information. For the purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which the Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word "Confidential" or a similar warning. If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide a writing indicating that such oral communication constituted Confidential Information.
2. Exclusions from Confidential Information. The Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by the Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or the Disclosing Party's representatives; or (d) disclosed by the Receiving Party with the Disclosing Party's prior written approval.
3. Obligations of the Receiving Party. The Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. The Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. The Receiving Party shall not, without the prior written approval of the Disclosing Party, use for the Receiving Party's benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Disclosing Party, any Confidential Information. The Receiving Party shall return to the Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if the Disclosing Party requests it in writing.
4. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement, and the Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until the Disclosing Party sends the Receiving Party written notice releasing the Receiving Party from this Agreement, whichever occurs first.
5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party as a partner, joint venture for any purpose.
6. If a court in Delhi finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted to best effect the intent of the parties.
7. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in writing signed by both parties.
8. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
This contract shall be governed by and construed in accordance with Indian Law, and each party to this contract submits to the exclusive jurisdiction of the courts of Delhi.
This Agreement and each party's obligations shall be binding on the representatives, assigns, and successors of such party. Each party has signed this Agreement through its authorized representative.
__________________________________________________ (Signature)
Name and designation
Date: _______________
__________________________________________________ (Signature)
Name and designation
Date: _______________
From India, Delhi
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