This Confidentiality Agreement Between Two Companies is essential for businesses operating in the UAE who need to share sensitive information while ensuring legal protection. It is particularly relevant for due diligence processes, joint ventures, strategic partnerships, or potential business transactions where companies need to exchange confidential information. The agreement is drafted in compliance with UAE law, including Federal Law No. 44 of 2021 on Data Protection and related commercial legislation. It covers various types of confidential information including trade secrets, financial data, customer information, technical know-how, and proprietary business information. The document is structured to be enforceable in UAE courts and includes specific provisions required under UAE law for protecting business confidentiality and data privacy.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other important terms used throughout the agreement
4. Disclosure and Use of Confidential Information: Core obligations regarding how confidential information can be shared and used, including permitted purposes
5. Protection of Confidential Information: Specific measures required to protect confidential information, including security standards and access controls
6. Representatives and Third Parties: Rules about who can access the confidential information and obligations to ensure third parties comply with confidentiality requirements
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection Compliance: Specific section addressing compliance with UAE data protection laws - include when personal data may be shared
2. Intellectual Property Rights: Section clarifying ownership and protection of IP rights - include when proprietary technology or trade secrets are involved
3. Export Control: Provisions regarding compliance with export control laws - include when technical data or controlled information may be shared
4. Non-Solicitation: Restrictions on soliciting employees or customers - include when parties have access to employee or customer information
5. Residual Information: Provisions regarding use of retained knowledge - include when dealing with technical or professional services
6. Competition Restrictions: Additional restrictions on competitive activities - include when sharing highly sensitive market information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties
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