This Non-Disclosure and Confidentiality Agreement Template is designed for use in the United Arab Emirates, tailored to comply with UAE federal laws and regulations governing confidential information and trade secrets. The document is essential for businesses and individuals operating in the UAE who need to protect sensitive information during business negotiations, partnerships, employment relationships, or other commercial dealings. It incorporates specific provisions required by UAE legislation, including Federal Law No. 31 of 2006 (Patents and Industrial Designs Law) and Federal Law No. 45 of 2021 (Data Protection Law). The template is structured to be adaptable for various business contexts while maintaining enforceability under UAE jurisdiction, making it suitable for both mainland UAE and free zone entities.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details if companies
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Scope of Confidential Information: Comprehensive description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, 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. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Survival: Duration of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
11. Governing Law and Jurisdiction: Specification of UAE law and jurisdiction for dispute resolution
12. General Provisions: Standard boilerplate clauses including amendments, severability, and entire agreement
1. Non-Solicitation: Prevents solicitation of employees or customers, included when parties have access to sensitive relationship information
2. Non-Competition: Restricts competitive activities, used when sharing highly sensitive business information
3. Data Protection Compliance: Specific provisions for compliance with UAE data protection laws, needed when personal data is involved
4. Export Control: Provisions regarding export control laws, needed when dealing with regulated technologies or international transfers
5. Intellectual Property Rights: Specific provisions protecting IP rights, used when confidential information includes IP
6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term NDAs
7. Assignment and Succession: Terms for transferring rights under the agreement, important for corporate entities
8. Digital Security Measures: Specific provisions for protecting digital information, needed when sharing electronic data
9. Arabic Language Provision: Specification of prevailing language version, needed when agreement is bilingual
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Categories of Confidential Information: Itemized list of specific types of confidential information covered
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Schedule 4 - Security Protocols: Detailed security measures and protocols for handling confidential information
5. Appendix A - Form of Acknowledgment: Template for acknowledgment to be signed by representatives who will access confidential information
6. Appendix B - Data Processing Requirements: Specific requirements for processing personal or sensitive data, if applicable
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