The Commercial Confidentiality Agreement is essential for businesses operating in the UAE who need to protect sensitive information during commercial relationships. This document is particularly relevant given the UAE's position as a major international business hub and its comprehensive legal framework for protecting commercial secrets. The agreement is designed to comply with UAE Federal Law No. 5 of 1985 (Civil Code) and Federal Law No. 18 of 1993 (Commercial Transactions Law), among other relevant legislation. It typically contains provisions for defining confidential information, establishing security protocols, outlining permitted uses, and specifying remedies available under UAE law. The agreement is commonly used in business negotiations, joint ventures, service arrangements, and other commercial relationships where proprietary information needs protection.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details as per UAE requirements
2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and as required by law
7. Security Measures: Required security measures for protecting confidential information, including digital security requirements
8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and surviving obligations after termination
10. Breach and Remedies: Consequences of breach, including remedies available under UAE law
11. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Section addressing ownership and protection of IP rights when confidential information includes intellectual property
2. Data Protection Compliance: Additional provisions for compliance with UAE data protection laws, particularly relevant if personal data is involved
3. Electronic Information Security: Specific provisions for protecting electronic data and compliance with UAE cybersecurity laws
4. Third Party Rights: Provisions addressing disclosure to and obligations of third parties, particularly relevant in complex commercial relationships
5. Non-Competition: Additional provisions preventing use of confidential information for competitive purposes
6. Force Majeure: Provisions addressing obligations during force majeure events, particularly relevant for long-term agreements
7. Islamic Law Compliance: Specific provisions ensuring compliance with Islamic law principles, particularly relevant for financial information
1. Schedule 1 - Specified 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 Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted purpose(s) for which confidential information may be used
5. Appendix A - Form of Acknowledgment: Template acknowledgment form for employees or third parties who will access confidential information
6. Appendix B - Data Destruction Certificate: Template certificate for confirming destruction of confidential information
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