Non disclosure agreement
Reshma K
(Querist) 09 May 2014
This query is : Resolved
Sir, We are signing an NDA. My question is
In an NDA, should we say that the term os this NDA is X years, and then should we then again say that the obligation to maintain information confidential is for X years after the termination (end date) of the agreement.
Can you pls help in understand whether NDA needs to have a term, or should it just be the number of years that information should be kept confidential after it is disclosed.
Look forward eagerly to a comprehesnive answer on this. Thanks in advance..
Reshma K
(Querist) 09 May 2014
Sir, Can you be a little comprehensive and complete??
Sankaranarayanan
(Expert) 09 May 2014
you have to maintain norms of the agreement if any part of deviation then it is breach of law
Devajyoti Barman
(Expert) 10 May 2014
Looks like academic query.
If not, then give full details of the query.
Dr J C Vashista
(Expert) 10 May 2014
Academic query and incomplete information.
Devajyoti Barman
(Expert) 10 May 2014
it is third query of a same author on different topics.
T. Kalaiselvan, Advocate
(Expert) 10 May 2014
Ofcourse it is the third query by the author on third different issue, may be she is updating her academic knowledge or being a law student preparing for a moot court, thus please do not use this portal for such purpose, let the needy approach here with details of the problems faced seeking experts opinions.
Reshma K
(Querist) 12 May 2014
Dear Mr. Kalaiselvan, Just to check with you what the questions we can ask here, the questions that I have asked here not available in any academic book. I don't want to misuse this forum, but want to understand what questions can be asked here and by who
Reshma K
(Querist) 12 May 2014
For example, the question whether NDA should have a term and also term to maintain confidentiality post the expiry date is a complex questions with various opinions on that. Is this an academic querry? I am preparing an NDA as an advocate? Appreciate if you can clarify why I cannot ask this question here??
Guest
(Expert) 12 May 2014
Dear Reshma,
The main thing is that any NDA should not be for any unspecific and indefinite period. You must include in terms the expiry date as well as the years to be agreed for some specific period.
Reshma K
(Querist) 12 May 2014
Thank you sir.
Guest
(Expert) 12 May 2014
You are welcome.
Kumar Doab
(Expert) 14 May 2014
The period should be reasonable.......
The point is definition of confidential information............. the availability of one of the exceptions to confidentiality.
Therefore the points to ponder and negotiate are............the scope of information that must be kept confidential..............various exceptions which may be invoked by the party receiving information therefore......... placing it outside the application of confidentiality obligations.
In India so far the specificity seems to be limited as per far as in...................statutory law, principle laid down, judicial decisions.........
