This Non Disclosure Agreement Data Protection is designed for use in the United Arab Emirates when parties need to share both confidential business information and personal data in compliance with UAE law, particularly Federal Decree Law No. 45/2021. The document is essential for business relationships where one party will have access to or process sensitive information belonging to another party, combining traditional confidentiality protections with modern data protection requirements. It's particularly relevant for cross-border transactions, technology implementations, outsourcing arrangements, and professional services engagements where data protection compliance is crucial. The agreement includes specific provisions for data processing, transfer mechanisms, security measures, and breach notification procedures, all aligned with UAE legal requirements while considering international best practices.
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1. Parties: Identification of the parties entering into the agreement, including registration details and addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Data Controller, Data Processor, etc.
4. Purpose and Scope: Specific purpose for which confidential information and personal data will be shared and processed
5. Confidentiality Obligations: Core confidentiality provisions including use restrictions and protection requirements
6. Data Protection Obligations: Specific obligations regarding personal data processing, storage, and protection in compliance with UAE law
7. Security Measures: Required technical and organizational measures for protecting confidential information and personal data
8. Data Transfer Provisions: Rules and requirements for transferring data within and outside the UAE
9. Duration and Survival: Term of the agreement and provisions that survive termination
10. Return or Destruction: Requirements for returning or destroying confidential information and personal data
11. Breach Notification: Procedures for reporting any breaches of confidentiality or data protection
12. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
1. Data Processing Agreement: Detailed section on data processing terms when one party acts as data processor - required if personal data processing is a key component
2. International Transfer Mechanisms: Additional provisions for international data transfers - required if data will be transferred outside the UAE
3. Industry-Specific Provisions: Additional provisions for specific industries (e.g., healthcare, financial services) - required based on sector
4. Audit Rights: Provisions allowing audit of data protection measures - recommended for high-sensitivity data
5. Sub-processor Provisions: Terms governing the appointment and obligations of sub-processors - required if sub-processors will be used
6. Insurance Requirements: Specific insurance requirements for data protection - recommended for high-value or sensitive data
7. Force Majeure: Provisions for unforeseen circumstances affecting data protection obligations - optional but recommended
1. Schedule 1 - Types of Confidential Information: Detailed list of categories of confidential information covered
2. Schedule 2 - Categories of Personal Data: Specific categories of personal data being processed
3. Schedule 3 - Security Measures: Detailed technical and organizational security measures to be implemented
4. Schedule 4 - Authorized Recipients: List of authorized persons or entities who may access the confidential information
5. Schedule 5 - Processing Activities: Detailed description of data processing activities (if applicable)
6. Appendix A - Data Breach Response Plan: Detailed procedures for handling data breaches
7. Appendix B - Transfer Impact Assessment: Assessment of risks for international data transfers (if applicable)
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