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FAQ's on Non Disclosure Agreement for Employees in India

What is considered confidential information under an NDA for employees?

Confidential information can include any information that is proprietary to the company, including trade secrets, business plans, customer lists, financial information, technical data, software programs, and any other information or material that is marked or identified as confidential or that would otherwise be considered confidential by a reasonable person under the circumstances.

Are there any exceptions to an NDA for employees?

How long does an NDA for employees last?

An NDA may not apply to material that is already known to the public, information that an employee independently develops without using the company's secret information, or information that an employee is compelled by law or court order to reveal. Typically, an NDA will remain in effect for the duration of the employee's employment and for a period of time thereafter, such as one to three years.

What happens if an employee breaches an NDA?

If an employee breaches an NDA, the company may seek injunctive relief to prevent further disclosure or use of the confidential information, as well as damages for any harm caused by the breach.

Can an NDA prohibit an employee from working for a competitor?

NDAs in India cannot entirely prohibit an employee from working for a competitor.Non-compete clauses are valid as long as they are reasonable and necessary to protect the employer's business interests.Non-compete clauses must be limited in duration, geographic scope, and nature to be enforceable.

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