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Confidentiality Affidavit for United Arab Emirates

Confidentiality Affidavit Template for United Arab Emirates

A formal sworn statement governed by UAE law where an individual declares their commitment to maintain the confidentiality of specific information they have access to. The document incorporates requirements from UAE Federal laws, including the Civil Code, Data Protection laws, and relevant industry-specific regulations. It serves as a legally binding declaration that can be used in court proceedings and includes specific provisions for handling confidential information, obligations for protection, and consequences of breach under UAE jurisdiction.

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What is a Confidentiality Affidavit?

The Confidentiality Affidavit is a critical legal document used in the United Arab Emirates when an individual needs to make a formal, sworn declaration regarding their obligations to protect confidential information. It is particularly relevant in business, professional, and regulatory contexts where access to sensitive information is granted. The document combines elements of UAE civil law, data protection regulations, and commercial practice to create a binding declaration that can be used in legal proceedings. Commonly used during due diligence processes, employment relationships, professional engagements, or regulatory compliance matters, this affidavit provides a formal record of the declarant's acknowledgment of confidentiality obligations and the consequences of breach under UAE law.

What sections should be included in a Confidentiality Affidavit?

1. Declaration Header: Formal introduction identifying the document as an affidavit and the jurisdiction (UAE)

2. Declarant Information: Full legal name, Emirates ID/passport number, address, and capacity of the person making the declaration

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

4. Background and Context: Explanation of the circumstances requiring the confidentiality affidavit and the declarant's relationship to the confidential information

5. Scope of Confidential Information: Detailed description of what constitutes confidential information under this affidavit

6. Confidentiality Obligations: Specific sworn commitments regarding the treatment, protection, and non-disclosure of confidential information

7. Permitted Uses: Clear statement of how the confidential information may be used, if at all

8. Duration of Obligations: Time period for which the confidentiality obligations will remain in effect

9. Return or Destruction of Information: Obligations regarding the handling of confidential information after the permitted use ends

10. Declaration of Truth: Formal statement affirming that the declarations made are true and accurate

11. Acknowledgment of Consequences: Statement acknowledging understanding of legal consequences of breaching the affidavit

12. Execution: Signature block with formal attestation language, date, and notarization provisions

What sections are optional to include in a Confidentiality Affidavit?

1. Industry-Specific Compliance: Additional declarations required for specific industries (e.g., healthcare, financial services, government contracts)

2. Electronic Information Handling: Specific provisions for digital data and cybersecurity measures, particularly relevant for IT-related confidential information

3. Intellectual Property Rights: Additional declarations regarding IP rights when the confidential information includes trade secrets or proprietary technology

4. Third Party Disclosure Provisions: Specific provisions for cases where the declarant may need to share information with authorized third parties

5. Employment Context: Additional provisions specific to employment relationships, including post-employment obligations

6. International Aspects: Additional provisions for cases involving cross-border information sharing or international law compliance

7. Security Measures: Specific security protocols and measures the declarant commits to implementing

What schedules should be included in a Confidentiality Affidavit?

1. Schedule A - Detailed Description of Confidential Information: Comprehensive list and description of all materials, information, and data covered by the affidavit

2. Schedule B - Permitted Recipients: If applicable, list of individuals or entities authorized to receive the confidential information

3. Schedule C - Security Protocols: Detailed description of specific security measures and protocols to be followed

4. Schedule D - Related Agreements: List of any related agreements or documents referenced in the affidavit

5. Appendix 1 - Form of Notification: Template for any required notifications regarding breaches or required disclosures

6. Appendix 2 - Certificate of Destruction: Template for documenting the destruction of confidential information when required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Publisher

Ƶ

Cost

Free to use

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