Data Confidentiality Agreement Template

Data Confidentiality Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

"I need a Data Confidentiality Agreement Template for my UAE-based technology company that will be sharing sensitive software development information with multiple international contractors starting January 2025, with specific provisions for cross-border data transfers and source code protection."

Document background

This Data Confidentiality Agreement Template is designed for use in the United Arab Emirates business environment where parties need to exchange sensitive or confidential information while ensuring compliance with UAE data protection laws. The template is particularly relevant in light of the Federal Decree-Law No. 45 of 2021 and other UAE regulations governing data protection and privacy. It should be used whenever parties need to share confidential business information, trade secrets, personal data, or other sensitive information during business negotiations, partnerships, or service arrangements. The template includes provisions specifically tailored to UAE legal requirements while maintaining flexibility for use in various business contexts, including situations involving DIFC and ADGM free zones.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details as required under UAE law

2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and other relevant terms

4. Scope of Confidentiality: Detailed description of what constitutes confidential information and how it will be marked or identified

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements

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 to protect data in accordance with UAE Federal Decree-Law No. 45 of 2021

8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination

9. Duration and Termination: Term of the agreement and survival of obligations post-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 disputes

Optional Sections

1. International Data Transfers: Required when confidential information may be transferred outside the UAE, addressing cross-border data flow requirements

2. Specific Free Zone Provisions: Required when either party is located in DIFC or ADGM, incorporating relevant free zone regulations

3. Intellectual Property Rights: Required when confidential information includes IP or when IP might be created during the relationship

4. Non-Competition: Optional clause to prevent use of confidential information for competitive purposes

5. Data Processing Terms: Required when personal data processing is involved, ensuring compliance with UAE data protection laws

6. Force Majeure: Optional clause addressing circumstances beyond parties' control affecting confidentiality obligations

7. Insurance Requirements: Optional section requiring specific insurance coverage for data protection

8. Audit Rights: Optional provision allowing auditing of confidential information handling

Suggested Schedules

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 Measures: Specific technical and organizational measures required for data protection

4. Schedule 4 - Data Processing Details: If applicable, details of any data processing activities, including purpose, duration, and type of data

5. Schedule 5 - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Healthcare

Financial Services

Professional Services

Manufacturing

Real Estate

Education

Telecommunications

Energy

Retail

Construction

Media and Entertainment

Aviation

Hospitality

Pharmaceutical

Relevant Teams

Legal

Compliance

Information Security

Risk Management

Human Resources

Procurement

Information Technology

Business Development

Operations

Research and Development

Finance

Corporate Development

Data Protection

Vendor Management

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Compliance Officer

Data Protection Officer

Chief Information Security Officer

HR Director

Procurement Manager

Business Development Manager

Project Manager

Contract Manager

Information Security Manager

Risk Manager

Operations Director

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