Non-Disclosure Agreement (NDA)

Before sharing detailed financials, source code, or proprietary technology with any investor or accelerator, yes. For early exploratory calls where you share only a high-level pitch deck, the risk is lower.

Yes. Electronic signatures under the Information Technology Act, 2000, are valid. However, for stamp duty compliance and evidentiary strength, NDAs are usually executed on stamp paper.

A unilateral NDA binds only one party (the recipient) to keep information confidential. A mutual NDA binds both parties — used when information flows in both directions, such as in a partnership or JV negotiation.

Yes — an NDA gives you a contractual basis to seek injunctive relief and damages. The strength of enforcement depends on how clearly the confidential information is defined.

Two to three years from the date of disclosure is standard for most business NDAs. For very sensitive technical information a longer or indefinite term for specific trade secrets may be negotiated.

An unstamped NDA is still a valid contract under the Indian Contract Act, but it may not be admissible in court as evidence without paying the deficit stamp duty and penalty.