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NDA Template for India (IT Act 2000 Compliant)

Free NDA template compliant with Indian law. Covers Indian Contract Act 1872, IT Act 2000 electronic execution, stamp duty considerations, and Indian jurisdiction clauses.

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NDA for India (IT Act 2000 Compliant)


1. Parties

This Non-Disclosure Agreement ("Agreement") is executed on [Date] at [City, India] between [Disclosing Party Name], a company incorporated under the Companies Act, 2013, having its registered office at [Address, India] (hereinafter referred to as the "Disclosing Party"), AND [Receiving Party Name], [a company incorporated under the Companies Act, 2013 / an individual residing at] [Address, India] (hereinafter referred to as the "Receiving Party").

2. Confidential Information

"Confidential Information" shall mean and include all information disclosed by the Disclosing Party, whether in oral, written, electronic, or any other form, including but not limited to: trade secrets, know-how, inventions, business strategies, financial information, customer data, technology, source code, algorithms, and any information that is marked confidential or would be reasonably understood to be confidential. Information exchanged electronically shall be governed by the provisions of the Information Technology Act, 2000.

3. Obligations

The Receiving Party shall: (a) maintain the Confidential Information in strict confidence using not less than the same degree of care as it uses for its own confidential information; (b) not disclose the Confidential Information to any third party without prior written consent; (c) use the Confidential Information solely for the Purpose defined herein; (d) restrict access to personnel who have executed confidentiality undertakings; (e) comply with all applicable Indian laws including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, as applicable.

4. Exclusions

The obligations under this Agreement shall not apply to information that: (a) is or becomes part of the public domain without breach of this Agreement; (b) was lawfully in possession of the Receiving Party prior to disclosure, as evidenced by written records; (c) is independently developed without reference to the Confidential Information; (d) is received from a third party without restriction; (e) is required to be disclosed under Indian law, regulation, or order of a court or tribunal, provided the Receiving Party gives prompt written notice to enable the Disclosing Party to seek protective relief.

5. Term, Stamp Duty, and Electronic Execution

This Agreement shall be valid for a period of [3] years from the date of execution. This Agreement may be executed electronically in accordance with Section 5 of the Information Technology Act, 2000, and electronic signatures shall be deemed valid. The Parties acknowledge that this Agreement may attract stamp duty under the Indian Stamp Act, 1899 (as applicable in the relevant state), and the Parties shall bear stamp duty as mutually agreed or as required by law.

6. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India, including the Indian Contract Act, 1872 and the Information Technology Act, 2000. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts at [City, India]. The Parties agree to first attempt resolution through mediation before initiating court proceedings.

Signature — Party A

Signature — Party B

Tips for Using This Template

  • Stamp duty varies by Indian state - check the applicable rate in your state before execution to ensure enforceability.
  • Electronic signatures are valid under Section 5 of the IT Act 2000, but Aadhaar-based eSign provides stronger evidentiary value.
  • If the NDA involves personal data, ensure compliance with the Digital Personal Data Protection Act, 2023.
  • For cross-border NDAs involving Indian parties, specify Indian jurisdiction to ensure enforceability in Indian courts.

Frequently Asked Questions

Is an electronically signed NDA valid in India?
Yes, Section 5 of the Information Technology Act, 2000 grants legal recognition to electronic signatures. Aadhaar eSign and DSC (Digital Signature Certificates) provide the strongest legal standing. ContractClaw Sign uses IT Act compliant electronic signatures.
Do I need to pay stamp duty on an NDA in India?
Stamp duty requirements vary by state. In many states, NDAs attract a nominal stamp duty (INR 100-500). Some states (like Maharashtra and Karnataka) have specific rates. Non-payment of stamp duty does not invalidate the NDA but may make it inadmissible as evidence in court.
How is confidential information protected under Indian law?
India does not have a specific trade secrets law, but confidential information is protected through contract law (Indian Contract Act, 1872), equity, and common law principles. The IT Act 2000 provides additional protections for electronically stored information.

Related Templates

Non-Disclosure Agreement (NDA)

Free NDA template for protecting confidential business information. Covers mutual and unilateral confidentiality obligations, exclusions, and remedies.

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Service Agreement for India

Free service agreement template for Indian businesses. Covers GST compliance, TDS provisions, MSME payment terms, IT Act 2000 electronic execution, and Indian arbitration clauses.

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MOU for India

Free Memorandum of Understanding template for Indian businesses and government bodies. Covers Indian Contract Act validity, stamp duty, arbitration under Indian law, and e-execution.

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Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction. Consult a qualified legal professional before using this document for any binding agreement. ContractClaw Sign is not a law firm and does not provide legal services.

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