The Confidentiality Agreement Between Two Companies is a critical legal instrument used in Saudi Arabia when businesses need to share sensitive information while ensuring its protection under Saudi law. This document is essential for various business activities including mergers and acquisitions, joint ventures, strategic partnerships, or any situation where proprietary information needs to be shared. It must comply with Saudi Arabian regulations, including the Personal Data Protection Law, Commercial Courts Law, and Shariah principles. The agreement is particularly relevant given Saudi Arabia's growing economy and increasing international business relationships under Vision 2030. It typically includes comprehensive definitions of confidential information, specific security protocols, compliance requirements, and enforcement mechanisms suitable for the Saudi legal system. The document is designed to protect both parties' interests while facilitating necessary business communications and collaborations.
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1. Parties: Identification of the contracting companies, including full legal names, commercial registration numbers, and registered addresses in Saudi Arabia
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Detailed definitions including 'Confidential Information', 'Authorized Representatives', 'Permitted Purpose', 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 duty of care and security measures required
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and regulatory authorities
7. Security Measures: Specific security protocols required for handling and storing confidential information
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival of Obligations: Specification of obligations that continue after termination
11. Governing Law and Jurisdiction: Specification of Saudi law as governing law and Saudi courts' jurisdiction
12. General Provisions: Standard provisions including entire agreement, amendments, and notices
1. Data Protection Compliance: Specific provisions relating to compliance with Saudi PDPL, necessary when personal data is involved
2. Digital Security Measures: Specific provisions for digital security when information is shared electronically
3. Third Party Rights: Provisions regarding rights of third parties, needed when third party information might be shared
4. Non-Solicitation: Restrictions on soliciting employees or customers, included when there's risk of talent or customer poaching
5. Shariah Compliance Declaration: Explicit statement of Shariah compliance, particularly important when one party requires Islamic law compliance certification
6. Force Majeure: Provisions for unforeseen circumstances preventing performance, included for longer-term NDAs
7. Language: Provisions regarding official language version, needed when agreement is bilingual Arabic/English
1. Schedule 1 - Scope of Confidential Information: Detailed list or categories of information considered confidential
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 required for handling confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the specific business purpose for which confidential information may be used
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees or advisors who will access the information
Relevant legal definitions
Clauses
Relevant Industries
Technology and IT
Financial Services
Healthcare
Manufacturing
Energy and Petrochemicals
Professional Services
Telecommunications
Real Estate and Construction
Education
Defense and Security
Mining and Natural Resources
Retail and Consumer Goods
Media and Entertainment
Biotechnology
Automotive
Relevant Teams
Legal
Compliance
Information Security
Executive Leadership
Business Development
Research and Development
Risk Management
Corporate Affairs
Operations
Finance
Information Technology
Human Resources
Strategic Planning
Procurement
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Director
Compliance Officer
Business Development Manager
Project Manager
Contract Manager
Chief Financial Officer
Chief Technology Officer
Research and Development Director
Corporate Secretary
General Counsel
Risk Manager
Information Security Officer
Operations Director
Strategic Partnership Manager
Merger & Acquisition Director
Innovation Manager
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