This Information Technology Confidentiality Agreement is essential for businesses operating in or with entities in the United Arab Emirates who need to protect sensitive technical information, trade secrets, and proprietary data during technology-related business relationships. The document is particularly relevant when sharing sensitive technical specifications, source code, system architecture details, or other confidential IT-related information. It incorporates specific provisions required under UAE law, including compliance with Federal Decree Law No. 45 of 2021 on Data Protection and Federal Law No. 5 of 2012 (Cybercrime Law). This agreement is commonly used in software development projects, IT consulting engagements, technology partnerships, and digital transformation initiatives where protection of intellectual property and confidential information is crucial.
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1. Parties: Identification of the parties entering into the agreement, including their full legal names, addresses, and registration details as per UAE requirements
2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Authorized Persons', 'Data Protection Laws', and other relevant terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and what is excluded from the scope
5. Obligations of Receiving Party: Core confidentiality obligations, including storage, handling, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Data Protection and Security: Specific measures required for protecting electronic data and ensuring compliance with UAE data protection laws
8. Return or Destruction of Information: Procedures for returning or destroying 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 provisions
11. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for dispute resolution
1. Cross-Border Data Transfers: Required when confidential information may be transferred outside the UAE, addressing compliance with international data transfer requirements
2. Specific Industry Compliance: Needed when the agreement involves regulated industries (e.g., healthcare, financial services) requiring additional compliance measures
3. Source Code Protection: Required when the confidential information includes software source code or proprietary technical information
4. Data Processing Terms: Needed when the agreement involves processing of personal data, ensuring compliance with UAE data protection laws
5. DIFC Specific Provisions: Required when either party is based in DIFC or activities fall under DIFC jurisdiction
6. Cyber Insurance Requirements: Optional section specifying requirements for cyber insurance coverage
7. Audit Rights: Optional provisions allowing the disclosing party to audit the receiving party's compliance
8. Force Majeure: Optional clause addressing cybersecurity incidents and other force majeure events
1. Schedule 1 - Specified Confidential Information: Detailed list of specific categories of confidential information covered by the agreement
2. Schedule 2 - Security Requirements: Technical and organizational security measures required for protecting confidential information
3. Schedule 3 - Authorized Personnel: List of authorized persons or roles permitted to access confidential information
4. Schedule 4 - Data Processing Requirements: Specific requirements for processing personal data if applicable
5. Appendix A - Information Security Standards: Detailed security standards and protocols to be followed
6. Appendix B - Incident Response Plan: Procedures for handling and reporting security incidents or data breaches
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