The Confidential Disclosure Agreement (CDA) is a crucial legal instrument used in the United Arab Emirates when parties need to share sensitive business, technical, or proprietary information while ensuring its confidentiality. This document is particularly relevant in business negotiations, due diligence processes, joint ventures, and commercial partnerships where protected information needs to be disclosed. The agreement incorporates UAE legal requirements, including provisions from the UAE Civil Code, Commercial Transactions Law, and recent data protection regulations. It serves as a protective mechanism for intellectual property, trade secrets, and confidential business information, with specific enforceability under UAE jurisdiction. The document is designed to accommodate both local and international business practices while maintaining compliance with UAE federal laws and regulations.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details as required under UAE law
2. Background: Brief context of why confidential information needs to be shared and the general purpose of the agreement
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and security measures
6. Permitted Uses and Disclosures: Specified purposes for which the confidential information may be used and circumstances under which disclosure is permitted
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of 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 UAE law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Required when confidential information includes personal data subject to UAE data protection laws
2. Intellectual Property Rights: Needed when confidential information includes or relates to intellectual property
3. Electronic Information Security: Required when confidential information will be stored or transmitted electronically
4. Export Control: Necessary when confidential information may be subject to export control regulations
5. Non-Solicitation: Optional provision preventing solicitation of employees or customers
6. Reverse Engineering: Prohibition on reverse engineering when relevant to technical information
7. Competing Projects: Provisions regarding involvement in competing projects or businesses
8. Assignment and Subcontracting: Required when either party may need to assign rights or involve subcontractors
1. Schedule 1 - Detailed Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access the confidential information
3. Schedule 3 - Security Procedures: Specific security measures and procedures for handling confidential information
4. Appendix A - Form of Acknowledgment: Template for acknowledgment to be signed by representatives accessing confidential information
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Media and Entertainment
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Biotechnology
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Relevant Teams
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Research and Development
Information Technology
Human Resources
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Intellectual Property
Risk Management
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