LegalClue
LegalClue
BIZ008🏭 Business & MSME

NDA or confidentiality agreement violated by employee

What you need to know

NDA violations can be enforced through Civil Court seeking injunction and damages. Must prove the information was confidential, employee had access, and misused it.

Your rights

1

Injunction to stop further disclosure

2

Claim damages for business harm caused

3

Approach Civil Court for specific performance

4

Criminal complaint if trade secrets involved

What you should do now

Action first
1

Send immediate cease and desist notice

  • Document the specific information disclosed and the evidence
  • Send formal notice to the employee demanding they stop immediately
  • Attach NDA and point to specific clauses violated
2

If damage is ongoing or significant

  • File civil suit for injunction (stops further disclosure) + damages
  • For trade secrets — also file criminal complaint with police

Acts applicable

Indian Contract Act 1872

central

Section 27 & NDA enforcement

Specific Relief Act 1963

central

Injunction for breach of contract

Where to complain

Consumer complaint portal: e-jagriti.gov.in (replaced edaakhil.nic.in as of Jan 2025). Labour complaints: col.gujarat.gov.in. All links verified June 2026 via web search against official government sources.