This Confidentiality Agreement For Contractors is essential for businesses operating in the UAE that engage external contractors and need to protect their confidential information. The document is designed to comply with UAE Federal Law No. 33 of 2021 (UAE Labor Law), the UAE Civil Code, and relevant free zone regulations. It should be used whenever engaging contractors who will have access to sensitive business information, intellectual property, trade secrets, or proprietary data. The agreement covers the definition of confidential information, usage restrictions, security measures, return or destruction of information, and post-engagement obligations. It's particularly important given the UAE's strict legal framework regarding business secrets and data protection, with specific provisions addressing both civil and criminal liability for unauthorized disclosure of confidential information.
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1. Parties: Identification of the contracting parties - the company and the contractor
2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information
3. Definitions: Define key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and exclusions
5. Confidentiality Obligations: Core obligations regarding the use, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized representatives or as required by law
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach, including remedies and indemnification
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Section addressing ownership and protection of IP rights when confidential information includes IP - particularly relevant for technology contractors
2. Data Protection Compliance: Additional provisions when handling personal data, particularly relevant if operating in DIFC or handling EU-related data
3. Non-Competition: Additional restrictions on competitive activities - only include if specifically required for the contractor relationship
4. Specific Industry Compliance: Additional provisions for regulated industries like healthcare or financial services
5. Digital Security Measures: Specific provisions for digital security when confidential information is primarily in electronic form
6. Third Party Rights: Provisions regarding the rights of third parties whose confidential information may be involved
7. Assignment and Subcontracting: Rules about transferring rights or obligations, particularly relevant for larger contractors
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule 3 - Security Protocols: Detailed security procedures and requirements
4. Schedule 4 - Return/Destruction Procedures: Specific procedures for returning or destroying confidential information
5. Appendix A - Form of Acknowledgment: Template for additional parties or representatives to acknowledge confidentiality obligations
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