This Non Disclosure Agreement Data Protection document is essential for organizations operating in Saudi Arabia that need to protect confidential information while ensuring compliance with the Kingdom's data protection regulations. It is particularly relevant in light of the Saudi Personal Data Protection Law (PDPL) implementation in 2022, which introduced strict requirements for personal data handling. The document should be used when parties need to share sensitive business information or personal data, whether in domestic Saudi operations or cross-border transactions. It includes comprehensive provisions for data protection, confidentiality obligations, security measures, and compliance requirements specific to Saudi jurisdiction. The agreement is designed to accommodate both traditional confidential business information and modern digital data protection needs, making it suitable for various business relationships and transactions within the Saudi legal framework.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details as per Saudi requirements
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and other key terms as per PDPL
4. Scope of Confidentiality: Definition of what constitutes confidential information and personal data under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Data Protection Obligations: Specific obligations relating to personal data processing, including compliance with PDPL requirements
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized personnel
8. Security Measures: Required technical and organizational measures for protecting confidential information and personal data
9. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon agreement termination
10. Term and Survival: Duration of the agreement and which obligations survive termination
11. Breach and Remedies: Consequences of breach and available remedies under Saudi law
12. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for disputes
13. General Provisions: Standard provisions including severability, amendments, and notices
1. Mutual Obligations: Additional section for mutual NDAs where both parties exchange confidential information
2. Cross-Border Transfers: Required when confidential information or personal data may be transferred outside Saudi Arabia
3. Digital Information Handling: Specific provisions for handling information in digital form and cloud storage
4. Shariah Compliance Declaration: Explicit statement of Shariah compliance, particularly important for financial institutions
5. Data Subject Rights: Detailed procedures for handling data subject rights when agreement involves significant personal data processing
6. Audit Rights: Provisions allowing audit of confidentiality and data protection measures, important for high-sensitivity agreements
7. Third Party Access: Provisions governing access by third party contractors or service providers
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access and process confidential information
3. Schedule 3 - Security Measures: Detailed technical and organizational security measures required for compliance
4. Schedule 4 - Data Processing Activities: Details of personal data processing activities including purposes, categories of data and subjects
5. Schedule 5 - Approved Subcontractors: List of approved third parties who may access confidential information
6. Appendix A - Data Transfer Mechanisms: Details of approved mechanisms for any cross-border data transfers
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Education
Manufacturing
Oil & Gas
Professional Services
Telecommunications
Real Estate
Construction
Retail
Government Services
Defense
Pharmaceuticals
Research & Development
Relevant Teams
Legal
Information Technology
Information Security
Compliance
Risk Management
Human Resources
Operations
Procurement
Research & Development
Business Development
Data Protection
Corporate Governance
Internal Audit
Project Management Office
Executive Leadership
Relevant Roles
Chief Executive Officer
Chief Information Officer
Chief Technology Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Manager
Privacy Officer
Project Manager
Business Development Manager
HR Director
IT Manager
Risk Manager
Operations Director
Procurement Manager
Research Director
Senior Consultant
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