The Electronic Non-Disclosure Agreement serves as a crucial legal instrument in Saudi Arabia's rapidly evolving digital business landscape. It is specifically designed for situations where parties need to share sensitive information electronically while ensuring compliance with Saudi Arabian legal requirements, including the Electronic Transactions Law (Royal Decree No. M/18) and Islamic Law principles. This document is particularly relevant in the context of Saudi Vision 2030's digital transformation initiatives, where businesses increasingly rely on electronic communications and data sharing. The agreement covers various forms of confidential information, including electronic documents, digital assets, trade secrets, and proprietary data, while incorporating specific provisions for electronic execution, digital security measures, and data protection protocols. It is structured to be both technically comprehensive and Shariah-compliant, making it suitable for both domestic and international business relationships involving Saudi entities.
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1. Parties: Identification of the disclosing and receiving parties, including official registration details and electronic contact information
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Electronic Communications', 'Authorized Representatives', and 'Security Measures'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including electronic data formats
5. Obligations of Confidentiality: Core confidentiality obligations, including electronic storage and transmission requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including electronic sharing protocols
7. Security Measures: Required technical and organizational measures for protecting electronic confidential information
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information, including electronic data
9. Term and Termination: Duration of the agreement and termination provisions
10. Governing Law and Jurisdiction: Application of Saudi law and jurisdiction, including reference to electronic transactions laws
11. Electronic Execution: Provisions for electronic signature and confirmation of validity under Saudi law
1. Data Protection Compliance: Additional provisions when personal data is involved, ensuring compliance with Saudi data protection laws
2. Cloud Storage Provisions: Specific requirements when confidential information will be stored in cloud services
3. Third Party Access: Provisions for when third party contractors or advisors need access to confidential information
4. International Transfer: Additional provisions when confidential information may be transferred outside Saudi Arabia
5. Intellectual Property Rights: Specific provisions when confidential information includes IP rights
6. Shariah Compliance Declaration: Explicit confirmation of Shariah compliance when required by certain institutions
7. Force Majeure: Provisions for unforeseen circumstances affecting electronic systems or access to confidential information
1. Schedule 1 - Authorized Representatives: List of authorized representatives with their electronic contact details and access levels
2. Schedule 2 - Security Protocols: Detailed technical requirements for electronic storage, transmission, and protection of confidential information
3. Schedule 3 - Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
4. Appendix A - Form of Acknowledgment: Template for acknowledgment of confidentiality obligations by authorized representatives
5. Appendix B - Data Destruction Certificate: Template for certifying the destruction of electronic confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Education
Professional Services
Government
Energy
Telecommunications
Real Estate
Construction
Retail
Mining
Transportation
Agriculture
Relevant Teams
Legal
Information Technology
Compliance
Human Resources
Research and Development
Business Development
Operations
Finance
Procurement
Information Security
Risk Management
Corporate Strategy
Innovation
Data Protection
Relevant Roles
Chief Executive Officer
Chief Information Officer
Chief Technology Officer
Legal Counsel
Compliance Officer
Project Manager
Business Development Manager
Research Director
IT Security Manager
Human Resources Director
Operations Manager
Finance Director
Procurement Manager
Systems Administrator
Data Protection Officer
Contract Manager
Innovation Manager
Strategic Partnership Director
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