This Indefinite NDA template is specifically designed for use in the United Arab Emirates, addressing the need for long-term protection of confidential information in business relationships. It is particularly relevant for situations where parties need ongoing confidentiality protection without a specified end date, such as strategic partnerships, joint ventures, or long-term business relationships. The document incorporates requirements from UAE Federal Law No. 5 of 1985 (Civil Code), Federal Law No. 18 of 1993 (Commercial Transactions Law), and other relevant UAE regulations. This Indefinite NDA includes provisions for protecting trade secrets, proprietary information, technical data, and business strategies, while ensuring enforceability under UAE law and compatibility with both civil law and Shariah principles.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details as required under UAE law
2. Background: Context of the agreement and relationship between the parties, purpose of sharing confidential information
3. Definitions: Comprehensive definitions including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including specifically marked information and verbal disclosures
5. Obligations of Confidentiality: Core confidentiality obligations, standards of care, and security measures required
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and as required by law
7. Protection and Security Measures: Specific measures required to protect confidential information, including digital security requirements
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon request or termination
9. Intellectual Property Rights: Confirmation that the agreement doesn't transfer any IP rights and ownership remains with the disclosing party
10. Duration and Survival: Specification of the indefinite nature of obligations and which provisions survive
11. Breach and Remedies: Consequences of breach, including injunctive relief and compensation under UAE law
12. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and severability
1. Data Protection Compliance: Required when confidential information includes personal data or when parties are subject to DIFC jurisdiction
2. Export Control: Needed when confidential information may be subject to UAE export control regulations
3. Non-Solicitation: Optional clause preventing solicitation of employees/clients, common in commercial NDAs
4. Specific Industry Requirements: Additional provisions for regulated industries (e.g., healthcare, financial services)
5. Competition Law Compliance: Required when parties are competitors or when information sharing could raise competition law concerns
6. Force Majeure: Optional clause addressing unforeseen circumstances affecting confidentiality obligations
7. Electronic Security Measures: Detailed IT security requirements, necessary when dealing with digital information
8. Shariah Compliance: Required when parties need explicit confirmation of Shariah compliance
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template undertaking for authorized representatives or third parties
6. Appendix B - Data Handling Procedures: Specific procedures for handling, storing, and destroying confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Real Estate
Manufacturing
Energy & Resources
Professional Services
Retail & Consumer
Media & Entertainment
Education
Construction
Aviation & Transport
Telecommunications
Hospitality & Tourism
Oil & Gas
Pharmaceutical
Defense & Security
E-commerce
Relevant Teams
Legal
Human Resources
Information Technology
Research & Development
Business Development
Finance
Operations
Procurement
Compliance
Information Security
Strategy
Commercial
Corporate Development
Innovation
Executive Leadership
Project Management
Relevant Roles
Chief Executive Officer
Managing Director
Legal Counsel
Chief Financial Officer
Business Development Manager
Project Manager
Research & Development Director
Chief Technology Officer
Human Resources Director
Operations Manager
Investment Manager
Procurement Manager
Strategy Consultant
Technical Director
Commercial Manager
Compliance Officer
Information Security Officer
Chief Innovation Officer
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