This Basic Non-Disclosure Agreement is essential for businesses operating in the UAE who need to protect confidential information during business discussions, negotiations, or potential partnerships. The document is structured to comply with UAE federal laws, including the Civil Code (Federal Law No. 5 of 1985) and relevant data protection regulations. It becomes relevant when parties need to share sensitive business information, intellectual property, or trade secrets during preliminary discussions or ongoing business relationships. The agreement includes specific provisions addressing UAE legal requirements, enforcement mechanisms, and remedies available under local law, making it particularly suitable for both UAE-based entities and international companies doing business in the UAE.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details as per UAE requirements
2. Background: Brief context of why the NDA is being entered into and the nature of the proposed business relationship
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and how it will be identified or marked
5. Obligations of Receiving Party: Core confidentiality obligations, security measures, and standards of care required
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Remedies: Legal remedies available in case of breach, including injunctive relief and compensation
10. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for dispute resolution
1. Data Protection Compliance: Additional provisions for compliance with UAE data protection laws, necessary when personal data is involved
2. Free Zone Specific Provisions: Additional provisions required when either party operates within UAE free zones
3. Non-Solicitation: Restrictions on soliciting employees or customers, included when business relationship involves exposure to key personnel
4. Export Control: Provisions regarding compliance with UAE export control regulations, necessary when dealing with regulated technologies or information
5. Shariah Compliance: Additional provisions ensuring compliance with Shariah principles, relevant when parties require Islamic law compliance
6. Intellectual Property Rights: Specific provisions protecting IP rights, needed when confidential information includes patents, trademarks, or other IP
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
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