Case Study: Significance of Executing a Non-Disclosure Agreement (NDA) with Employees | Corporate Law Attorney in Delhi NCR | Corporate Lawyer in Delhi NCR |
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The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”.
Our Querist is a Tech Start-up, which is into the field of Artificial Intelligence and Software Development for some big players of different industries. The Querist had employed more than 50 engineering graduates and had around 10 post graduates who were working on different projects. The projects involved complex coding and de-coding of certain techs which are to be delivered to the respective Clients of the Querist, however, their proprietary rights were to remain with the Querist.
The Querist had approached us to ensure the safety and upkeep of the data and researches. The same can be well achieved only by way of executing a Non-Disclosure Agreement (NDA) between the employer and the employee. The terms and conditions mentioned in the Non-Disclosure Agreement (NDA) clearly envisage the scope of the data and the information which the employee can disclose i.e. during the tenure of employment and for the period mentioned thereafter i.e. after the cessation of association and/or employment. The employer and the employee are clearly bound by the Non-Disclosure Agreement as the same carries the penal clauses in case of the violations of any of the terms and conditions. The parties to this agreement can definitely approach the Court in case of any violations as the document is a valid agreement and/or contract between the employer and the employee which is legally enforceable before the Court of law. The Non-Disclosure Agreement (NDA) should clearly mention the following clauses i.e.
- Term of the NDA
- Authority & Ownership Rights over the Intellectual Properties (IP)
- Data Protection & Data Theft Clause
- Arbitration & Jurisdiction Clauses
- Indemnity & Personal Guarantee Clauses
- Force Majeure & Penalty Clauses
- Clause with respect to Royalty & Selling Rights
- Non-Competition & No Solicitation Clauses
We hope that the case study would envisage the legal importance and sanctity of the Non-Disclosure Agreement with Employees to our readers and increase their knowledge about the HR related compliances including that of the business laws and/or corporate laws.
Authored By: Adv. Anant Sharma