Practical, India-specific answers to the questions we get most about nda. If your question is not here, write to verbatra.legal@gmail.com and we will add it.
Are NDAs enforceable in India?
Yes, non-disclosure agreements are enforceable under the Indian Contract Act, 1872, as agreements not to disclose proprietary information. The key Indian-law constraint is section 27 of the Contract Act, which voids agreements in restraint of trade. A confidentiality obligation is generally enforceable, but a post-contract non-compete that prevents the receiving party from working in the same field will likely be struck down by Indian courts. Verbatra's NDA generator is drafted to stay within these limits.
What's the difference between a mutual and one-way NDA?
A one-way NDA protects information shared by only one party (the disclosing party), with the other party agreeing to keep it confidential. A mutual NDA protects information disclosed by both parties, with both bound by symmetrical confidentiality obligations. Use a one-way NDA when only one party is sharing sensitive information (for example, a company sharing information with a freelance contractor). Use a mutual NDA when both parties will exchange confidential information (for example, two companies exploring a partnership).
How long should NDA confidentiality obligations last?
There is no fixed legal minimum or maximum. Industry standard for commercial NDAs in India is two to five years from disclosure. For trade secrets that have ongoing value (formulas, customer lists, source code), perpetual confidentiality is enforceable in India provided the obligation is limited to information that remains genuinely secret. Verbatra's NDA defaults to three years and lets you adjust the duration based on the sensitivity of what you are sharing.
Does an NDA in India need to be stamped or notarised?
An NDA is enforceable without notarisation. Stamp duty is payable on the agreement under the state stamp act (typically Rs. 100 to Rs. 500 depending on the state). Stamping does not affect validity of the contract between the parties but is required if you ever want to produce the NDA as evidence in court. For sensitive NDAs, stamping is recommended.
Can I use this NDA to protect a business idea?
An NDA protects against unauthorised disclosure of information you tell the other party, but it does not by itself grant intellectual property rights over an idea. To protect a business idea more comprehensively, you also need to consider patents (for inventions), copyright (for original creative work), trademarks (for brand identifiers), and trade-secret protection. An NDA is the first layer of protection for early-stage business ideas where you need to discuss them with potential investors, partners or employees before formal IP protection is in place.
Is my data safe when I use Verbatra?
Yes. Verbatra runs entirely in your browser. The document you build is rendered locally on your device and is never uploaded to Verbatra's servers, stored anywhere, or transmitted to any third party. Verbatra cannot read what you draft. The only data we collect is the contact information you voluntarily provide on the lead-capture form before download.
Do I still need a lawyer if I use Verbatra?
Verbatra produces a solid, India-specific first draft drafted by a corporate lawyer. For most standard, low-stakes contracts between commercial parties, the generated document is enough. For higher-stakes transactions, contracts that materially deviate from standard terms, contracts involving regulated industries, or anything you would be uncomfortable signing without independent review, you should have a qualified lawyer review the document before execution. Verbatra is not a substitute for advice on your specific facts.
Is Verbatra actually free?
Yes, every generator on Verbatra is free to use, with no payment, subscription, or credit card required. Verbatra was built by a corporate lawyer to give Indian businesses access to enterprise-grade legal drafting without the friction of paying a lawyer for a routine first draft. Verbatra makes money by offering paid contract negotiation and legal-operations services to clients who want a lawyer to take the document further.