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Non-Disclosure Agreement (NDA)

ગોપનીયતા કરાર

Protection for information you are about to hand to someone who does not yet owe you anything.

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What separates a working NDA from a decorative one

  • A real definition of confidential information — broad enough to cover what matters, specific enough that a court can tell what was breached. "All information" protects nothing.
  • Carve-outs — information already public, already known to the recipient, independently developed, or required to be disclosed by law or a court. These are standard and their absence makes the agreement look unreasonable.
  • Permitted purpose — what the recipient may actually use the information for. This is more important than the confidentiality obligation itself, and it is the clause most often missing.
  • Who else may see it — employees, advisers, affiliates — and on what terms.
  • Duration, and whether it survives the end of the relationship.
  • Return or destruction of material at the end.
  • Remedies — including the acknowledgement that damages may be inadequate and injunctive relief appropriate.
One-way or mutual?

If only one side is disclosing, a one-way NDA is honest and simpler. If both sides will exchange information — which is usual in a joint venture, a supply negotiation or an investment discussion — a mutual NDA avoids an argument about who is protecting whom.

An NDA is not a non-compete

These get conflated constantly. Confidentiality obligations are generally enforceable. Post-employment restraints on working elsewhere are largely not — section 27 of the Indian Contract Act, 1872 makes agreements in restraint of trade void, subject to a statutory exception for the sale of goodwill. If what you actually want is to stop a departing employee competing, an NDA will not do it, and it is better to know that before you rely on one. Employment agreements →

On stamp duty.

We do not publish duty figures on this website. The Gujarat Stamp Act, 1958 was amended in 2025 and several articles were restructured; a rate printed on a web page goes stale and costs somebody money. As a Government authorised e-Stamping centre we confirm the duty currently prescribed for your specific document and issue the e-stamp against it, at face value. The notarial fee is separate and capped by law — ₹35 to attest execution, ₹35 to administer an oath or take an affidavit, under Rule 10(1) of the Notaries Rules, 1956. The full fee table →

Drafted here, in Gujarati or English

Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.

What to bring

  • Names and constitution details of both parties
  • A description of what information is being shared and why
  • The intended duration of the obligation
  • Whether the arrangement is one-way or mutual

Related

Common questions

Is an NDA enforceable in India?

Confidentiality obligations are generally enforceable, and courts do grant injunctions to restrain misuse of confidential information. What is much weaker is a clause that in substance restrains a person from working — section 27 of the Indian Contract Act, 1872 makes agreements in restraint of trade void.

How long should an NDA last?

Long enough for the information to stop being valuable. Two to five years is common for commercial information; trade secrets are sometimes protected indefinitely. An unlimited period on ordinary business information tends to be viewed as unreasonable.

Do we need to notarise it?

Not for validity. Notarisation fixes the date and certifies that the named people signed, which is useful where execution might later be denied — worth having where the information is genuinely valuable.

Not sure which document you need?

Tell us what the office, bank or court asked for. We will name the exact document, the stamp value and whether notarisation is enough — before you pay anything.

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