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A Non Disclosure Agreement, also generally called as ‘Confidentiality Agreement’, is an agreement wherein the parties agree to share the confidential information/data which is specified in the ‘Confidentiality Clause’ of the Non Disclosure Agreement. The parties to the Non Disclosure Agreement also agree not to disclose such information to the third party beyond the terms of the agreement.


Other Names of the Non Disclosure Agreement :

A Non Disclosure Agreement has multiple names like:

  • Confidential Agreement (CA)
  • Confidential Disclosure Agreement (CDA)
  • Secrecy Agreement (SA)
  • Proprietary Information Agreement (PIA)

Does a Non Disclosure Agreement need to be notarised?

It is not mandatory to Notarise or to have the Non Disclosure Agreement signed by Witness. But to ensure the further validity and enforceability of the Non Disclosure Agreement parties may choose to have witnesses sign the NDA and entact the validity of the document so that it cannot be questioned in the court of Law.


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Is Registration of a Non Disclosure Agreement necessary?

As per the Indian Contract Act which governs the Non Disclosure Agreement in India, registration of an NDA is not Mandatory. But it is advised to register an NDA as it becomes easy to prove the validity of the document as well as to prove your case.
 

Can an NDA be terminated?


Yes, NDAs can be terminated under certain conditions mentioned under the NDA document itself or as per the applicable law. NDA gets automatically terminated once the period mentioned in the NDA ends, mutual agreement of the parties, or a material breach by either party.

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