The Non-Disclosure Form is a critical legal document used in Saudi Arabia to establish confidentiality obligations between parties exchanging sensitive information. It is essential for businesses operating in Saudi Arabia, whether local or international, to protect their proprietary information, trade secrets, and other confidential data. This document is specifically drafted to comply with Saudi Arabian law, including relevant provisions of the Commercial Courts Law, Electronic Transactions Law, and Shariah principles. It is commonly used in business negotiations, employment relationships, corporate transactions, and consultancy arrangements. The agreement includes comprehensive definitions of confidential information, clear obligations for maintaining confidentiality, and enforcement mechanisms recognized under Saudi law.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and commercial registration numbers if applicable
2. Background: Context of the relationship between the parties and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction of Saudi courts
1. Data Protection Compliance: Additional provisions for compliance with Saudi data protection laws, necessary when personal data is involved
2. Electronic Information Security: Specific provisions for protecting electronic data, required when digital information is shared
3. Third Party Rights: Provisions regarding rights of third parties, needed when confidential information belongs to affiliates or other third parties
4. Non-Solicitation: Restrictions on soliciting employees or customers, relevant in business relationship contexts
5. Assignment: Rights and restrictions regarding assignment of the agreement, important for corporate transactions
6. Shariah Compliance Declaration: Explicit statement of Shariah compliance, particularly important when dealing with Islamic financial institutions
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Acknowledgment: Template for acknowledgment to be signed by representatives who will access confidential information
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