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Non Disclosure And Non Use Agreement Template for Singapore

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Non Disclosure And Non Use Agreement

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What is a Non Disclosure And Non Use Agreement?

The Non Disclosure And Non Use Agreement is essential when parties need to share sensitive business information while maintaining its confidentiality. Under Singapore law, this agreement provides robust protection for trade secrets, proprietary information, and intellectual property. It's commonly used in business negotiations, employment relationships, and potential partnerships. The agreement defines confidential information, establishes clear usage restrictions, and outlines remedies for breach, all within Singapore's legal framework that strongly supports commercial confidentiality.

What sections should be included in a Non Disclosure And Non Use Agreement?

1. Parties: Identification of the disclosing and receiving parties, including their registered addresses and company details

2. Background: Context and purpose of the agreement, including the nature of the business relationship

3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant definitions

4. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and permitted uses of confidential information

5. Security Measures: Requirements for protecting and safeguarding confidential information

6. Term and Survival: Duration of the agreement and survival of obligations after termination

7. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination

8. Remedies: Legal remedies available in case of breach, including injunctive relief

9. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Non Disclosure And Non Use Agreement?

1. Specific Project Scope: Detailed description of the specific project or purpose for which confidential information is being shared

2. Non-Compete Provisions: Additional restrictions on competitive activities, used when protecting broader business interests

3. Data Protection Compliance: Specific provisions for PDPA compliance when personal data is involved

4. Representatives and Permitted Disclosures: Detailed provisions about who may access the information and under what circumstances

5. Intellectual Property Rights: Specific provisions regarding IP rights in relation to the confidential information

What schedules should be included in a Non Disclosure And Non Use Agreement?

1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of the types of confidential information covered

2. Schedule 2 - Authorized Representatives: List of personnel authorized to access and handle the confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information

4. Schedule 4 - Permitted Purpose: Detailed description of the permitted uses of the confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


















Clauses


















Industries

Contract Law (Chapter 53): Primary legislation governing contract formation, validity, and enforcement in Singapore, including common law principles of contract

Evidence Act (Chapter 97): Legislation governing the admissibility of evidence, relevant for proving breaches of confidentiality and enforcement of the agreement

Personal Data Protection Act 2012 (PDPA): Legislation governing the collection, use, disclosure and care of personal data, crucial for NDAs involving personal information

Official Secrets Act (Chapter 213): Legislation protecting government secrets and classified information, relevant if the NDA involves government-related information

Criminal Law (Temporary Provisions) Act (Chapter 67): Legislation that may be relevant if the confidential information involves matters of national security or public order

Copyright Act (Chapter 63): Intellectual property legislation protecting original works, relevant when confidential information includes copyrighted materials

Patents Act (Chapter 221): Legislation protecting inventions and innovative processes, relevant when confidential information includes patent-related information

Trade Marks Act (Chapter 332): Legislation protecting distinctive marks and brands, relevant when confidential information includes trademark-related information

Trade Secrets Protection: Common law principles protecting confidential business information and trade secrets

Competition Act (Chapter 50B): Legislation ensuring that confidentiality restrictions do not create anti-competitive effects in the market

Doctrine of Restraint of Trade: Common law principle ensuring that confidentiality obligations and restrictions are reasonable and not overly broad

Principles of Equity and Confidentiality: Common law principles governing the protection of confidential information and equitable remedies for breach

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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