The obligation to disclose the information arises either from the agreement of the parties or from a court decision chosen from a menu of disclosure orders containing: the agreement must set a period of disclosure and the period during which the confidentiality of the information must be preserved. Some poorly crafted confidentiality agreements give only one of these periods. Even if both periods are indicated, it is important to ensure that a starting point is defined for the period during which the confidentiality of the information will be respected. If this starting point is not defined, problems may occur later. For example, imagine a confidentiality agreement stipulating that the disclosure will take place over a period of two years and that the information must remain confidential for three years. No starting point is indicated for the notion of confidentiality. If a company receives the confidential information the day before the date of publication, does the entity have to keep the confidential information for three years from that date or for one year from that date? It is obvious that it is advantageous for the recipient that the confidentiality period begins at the beginning of the publication period, while it is advantageous for the applicant to start the confidentiality period on the date of publication of the confidential information. The point is that the confidentiality agreement should explicitly state the start date of the confidentiality period in order to avoid any ambiguity. Confidentiality agreements do not protect trade secrets when trade secret holders do not take appropriate measures to properly protect their information. A bilateral NDA (sometimes called a mutual NDA or bipartite NDA) consists of two parties for which both parties expect them to disclose information to each other that will be protected from further disclosure. This type of NDA is common when companies are considering some kind of joint venture or merger. The use of confidentiality agreements is on the rise in India and is governed by the Indian Contract Act 1872. In many cases, the use of an NDA is essential, for example.
B to retain employees who develop patentable technologies when the employer intends to file a patent. Confidentiality agreements have become very important given the nascent outsourcing industry in India. In India, an NDA must be stamped to be a valid enforceable document.