The article discusses the proposed Trade Secrets Bill, 2024 by the Indian Law Commission, which aims to align India’s legal framework with global standards for protecting trade secrets. If enacted, it will transform how confidentiality and non-disclosure clauses are treated in employment agreements—elevating breaches from mere contractual violations to statutory offenses. Employers will be required to update employment contracts, implement robust security policies, and take proactive steps to safeguard trade secrets. The bill also strengthens remedies for breaches and may indirectly reinforce non-compete and non-solicit clauses, making employee exit procedures more stringent and legally significant.
The article was authored by Minu Dwivedi, Partner, and published in Lexology.
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Minu has over 19 years of work experience. Her practice area is General Corporate and Commercial with special focus on Labour and Employment, White Collar Crimes, FCPA, Anti-Corruption and Anti-Bribery, Disciplinary and Other Workplace Investigations, POSH, Ethics, HR and Corporate Governance.