This Non Disclosure Agreement For Data Sharing is designed for use in the United Arab Emirates when organizations need to share confidential data while ensuring compliance with UAE data protection laws, particularly Federal Decree Law No. 45 of 2021. The agreement is essential for businesses and organizations engaging in data sharing activities, whether for business collaboration, research purposes, or service provision. It provides comprehensive protection for confidential information and personal data, incorporating specific UAE legal requirements for data processing, storage, and transfer. The document is particularly relevant for cross-organizational data sharing initiatives and includes provisions for both domestic and international data transfers, making it suitable for use by UAE-based entities and international organizations operating within the UAE jurisdiction.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details as per UAE requirements
2. Background: Context of the agreement, relationship between parties, and purpose of data sharing
3. Definitions: Detailed definitions of key terms including Confidential Information, Data, Permitted Purpose, Representatives, and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and shared data
5. Permitted Use and Disclosure: Specific permitted purposes for data use and authorized recipients
6. Data Protection Obligations: Compliance requirements with UAE data protection laws, including data handling, storage, and security measures
7. Confidentiality Obligations: Core confidentiality requirements and protection measures
8. Security Requirements: Technical and organizational security measures required for data protection
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination
10. Term and Termination: Duration of the agreement and termination provisions
11. Breach and Remedies: Consequences of breach and available remedies under UAE law
12. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
1. Cross-Border Data Transfer: Required when data will be transferred outside the UAE, addressing compliance with international transfer requirements
2. Specific Industry Compliance: Added for regulated industries like healthcare or financial services
3. Data Processing Agreement Provisions: Required when one party acts as a data processor for the other
4. Audit Rights: Optional provisions for auditing compliance with confidentiality and data protection obligations
5. Insurance Requirements: Added when specific insurance coverage for data protection is required
6. Force Majeure: Optional clause for unforeseen circumstances affecting data protection obligations
7. Third Party Rights: Required when third parties may have rights or obligations under the agreement
8. Data Breach Notification: Detailed procedures for handling and reporting data breaches
1. Schedule 1 - Description of Shared Data: Detailed categorization and description of data to be shared
2. Schedule 2 - Technical and Security Requirements: Specific technical requirements for data protection and security measures
3. Schedule 3 - Authorized Personnel: List of authorized personnel who may access the confidential information
4. Schedule 4 - Data Processing Activities: Detailed description of permitted data processing activities
5. Appendix A - Data Transfer Protocols: Specific procedures for secure data transfer between parties
6. Appendix B - Privacy Impact Assessment: Assessment of privacy risks and mitigation measures
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