A Subcontractor Confidentiality Agreement is essential when engaging subcontractors who will have access to sensitive business information, trade secrets, or personal data in the UAE. This document type is particularly crucial given the UAE's strict data protection regime under Federal Decree-Law No. 45 of 2021 and other relevant legislation. The agreement should be used before sharing any confidential information with subcontractors and typically includes comprehensive definitions of confidential information, specific security requirements, data handling protocols, and remedies available under UAE law. It's designed to protect the main contractor's interests while ensuring compliance with UAE legal requirements regarding confidentiality, data protection, and commercial relationships.
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1. Parties: Identification of the main contractor and subcontractor, including full legal names, addresses, and registration details as required under UAE law
2. Background: Context of the agreement, relationship between parties, and reference to the main contract or project
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Data Protection Compliance: Obligations relating to personal data protection under UAE Federal Decree-Law No. 45 of 2021
8. Security Measures: Required security measures for protecting confidential information
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
10. Term and Survival: Duration of the agreement and provisions that survive termination
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
13. Execution: Signature blocks and execution formalities compliant with UAE requirements
1. Intellectual Property Rights: Additional provisions regarding IP rights when confidential information includes IP - relevant for technical or creative projects
2. International Transfers: Provisions for international transfer of confidential information - needed when subcontractor operates across borders
3. Digital Security Requirements: Specific provisions for digital security measures - relevant when confidential information is primarily stored or transmitted electronically
4. Audit Rights: Rights to audit subcontractor's compliance - important for highly sensitive information or regulated industries
5. Insurance Requirements: Obligations to maintain specific insurance coverage - relevant for high-value or high-risk projects
6. Translation Clause: Provisions regarding Arabic translation and prevailing language - needed when agreement is bilingual
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of authorized personnel who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols to be followed
4. Schedule 4 - Approved Subcontractors: List of any approved third-party subcontractors who may receive confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees or other authorized recipients
6. Appendix B - Data Processing Requirements: Specific requirements for processing personal data under UAE law
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