The Mutual Non Circumvention Non Disclosure Agreement (MNCNDA) is essential for businesses operating in Saudi Arabia who need to protect both their confidential information and business relationships during negotiations, partnerships, or exploratory discussions. This document is particularly relevant in the context of Saudi Arabia's growing international business relationships and the Kingdom's Vision 2030 initiatives, where companies increasingly engage in complex commercial arrangements. The agreement complies with Saudi Arabian law, including the Commercial Courts Law, Anti-Commercial Fraud Law, and Sharia principles, while providing comprehensive protection against both unauthorized disclosure of confidential information and circumvention of business relationships. It's commonly used in situations involving joint ventures, distribution arrangements, technology transfers, and investment opportunities, where parties need to share sensitive information while maintaining control over their business relationships and opportunities.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details
2. Background: Context of the business relationship and purpose of entering into the agreement
3. Definitions: Detailed definitions of key terms including Confidential Information, Circumvention, Business Relationship, and other relevant terms
4. Scope of Agreement: Overview of what the agreement covers and its territorial scope
5. Confidentiality Obligations: Detailed provisions regarding the protection and non-disclosure of confidential information
6. Non-Circumvention Obligations: Provisions preventing parties from bypassing each other in business dealings
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed
8. Security Measures: Required measures for protecting confidential information
9. Term and Survival: Duration of the agreement and which provisions survive termination
10. Return or Destruction of Information: Procedures for handling confidential information upon termination
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for disputes
1. Electronic Communications: Provisions for handling and protecting electronic communications - include when parties will primarily communicate electronically
2. Data Protection Compliance: Specific provisions relating to personal data protection - include when personal data will be shared
3. Third Party Rights: Provisions regarding the rights of third parties - include when third parties may be involved in the business relationship
4. Force Majeure: Provisions for unforeseeable circumstances - include for long-term agreements
5. Assignment: Rights and restrictions regarding assignment of the agreement - include for complex business relationships
6. Severability: Provisions for maintaining validity if parts are found invalid - include for complex agreements
7. Amendments: Procedures for modifying the agreement - include for long-term relationships
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive or handle confidential information
2. Schedule 2 - Specific Confidential Information: Detailed description of the types of confidential information covered
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Appendix A - Disclosure Log: Template for recording authorized disclosures of confidential information
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Oil & Gas
Financial Services
Real Estate
Healthcare
Professional Services
Construction
Trading & Distribution
Telecommunications
Renewable Energy
Defense & Security
Education
Mining
Relevant Teams
Legal
Business Development
Executive Leadership
Commercial Operations
Strategic Planning
Mergers & Acquisitions
Research & Development
Information Technology
Finance
Procurement
International Operations
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Chief Financial Officer
Investment Manager
Partnership Manager
Project Manager
Operations Director
Commercial Director
Procurement Manager
Strategy Director
Research & Development Director
Chief Technology Officer
Business Consultant
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