Non-Disclosure Agreement
What is a Non-Disclosure Agreement?
A Non-Disclosure Agreement, or NDA, is a contract that keeps confidential information confidential. In an employment context, it stops an employee or contractor from sharing trade secrets, client lists, product plans, or anything else the company considers sensitive, both while they're working there and often for a defined period afterward.
Most companies treat a Non-Disclosure Agreement as boilerplate, something to sign on day one and forget about. That's a mistake, particularly once international hiring enters the picture.
Why an NDA gets complicated across borders
A Non-Disclosure Agreement written for enforcement under California law doesn't automatically hold up in Mumbai, or Manila, or Berlin. Confidentiality and trade secret law varies by country, and a generic NDA template dropped into an international employment contract without local review can end up unenforceable exactly when you need it most.
This shows up most often with remedies. Some countries limit what damages a company can actually recover for an NDA breach, or require specific language before a confidentiality clause is enforceable at all. A US-style NDA that assumes broad injunctive relief might not translate the way the company expects.
Building an NDA that actually holds up
For companies hiring in India through kaam.work, the employment contract includes confidentiality provisions drafted to be enforceable under Indian law specifically, not a US template with the country name swapped out. That distinction matters more than most companies realize until they've tried to enforce a mismatched agreement and found out the hard way.
Frequently asked questions
- Is a Non-Disclosure Agreement the same everywhere in the world?
- No. Enforceability, available remedies, and even what counts as protectable confidential information vary by country, so an NDA needs to be tailored to the employee's actual jurisdiction.
- Can I use a US Non-Disclosure Agreement template for an employee in India?
- You can use it as a starting point, but it needs local legal review to be genuinely enforceable under Indian contract and confidentiality law.
- How long should a Non-Disclosure Agreement's obligations last after employment ends?
- This varies by company and role, though many run confidentiality obligations for one to five years post-employment, sometimes longer for genuinely sensitive trade secrets.
- Does an Employer of Record handle NDA drafting for international hires?
- Through kaam.work, employment agreements including confidentiality provisions are structured to hold up under Indian law from the start, rather than being added as an afterthought.
