The Construction Non Disclosure Agreement is essential for construction projects in the United Arab Emirates where sensitive technical, commercial, or proprietary information needs to be shared between parties. This document is typically used before sharing detailed construction plans, innovative building techniques, pricing structures, or proprietary methodologies. It ensures compliance with UAE Federal Law No. 31 of 2006 regarding industrial property protection, UAE Federal Law No. 5 of 1985 (Civil Transactions Law), and relevant Emirates-specific construction regulations. The agreement is particularly crucial in the UAE's competitive construction market where protection of innovative construction methods and commercial secrets is vital for maintaining competitive advantage. It provides legal protection while allowing necessary information flow between developers, contractors, consultants, and other stakeholders involved in construction projects.
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1. Parties: Identification of the disclosing and receiving parties, including company details and registration information as per UAE requirements
2. Background: Context of the construction project and reason for sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Construction Project', 'Technical Information', 'Project Documents', and other relevant terms
4. Scope of Confidential Information: Specific types of construction-related confidential information covered, including technical drawings, specifications, pricing, methods, and processes
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information can be shared with project team members, subcontractors, and consultants
7. Security Measures: Required security measures for protecting physical and electronic confidential information
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon project completion or termination
9. Duration and Survival: Term of the agreement and survival of obligations post-project completion
10. Breach and Remedies: Consequences of breach and available remedies under UAE law
11. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights in construction designs and innovations - include when innovative or proprietary construction methods are involved
2. Digital Data Protection: Specific provisions for protecting Building Information Modeling (BIM) data and other digital construction information - include for projects using advanced digital tools
3. Site Access and Physical Security: Provisions regarding confidentiality obligations during site visits and physical access - include for projects with sensitive locations or methods
4. International Transfer of Information: Provisions governing international transfer of confidential information - include for projects with international stakeholders
5. Media and Public Relations: Restrictions on public communications about the project - include for high-profile or sensitive projects
6. Force Majeure: Provisions for handling confidential information during force majeure events - include for long-term or high-risk projects
1. Schedule 1 - Specified Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Approved Subcontractors and Consultants: List of pre-approved third parties who may receive confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for individual employees or subcontractors
6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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