A Non-Disclosure Non-Circumvention Agreement is essential in Saudi Arabian business transactions where parties need to protect both confidential information and business relationships. This document is particularly relevant when companies are exploring potential partnerships, negotiations, or business opportunities where sensitive information needs to be shared, and there's a need to prevent parties from bypassing each other to deal directly with their business contacts, suppliers, or customers. The agreement must comply with Saudi Commercial Law and Sharia principles, making it suitable for use in various commercial contexts within Saudi Arabia, from technology transfers to joint ventures. It's commonly used in initial business discussions, due diligence processes, and ongoing business relationships where protection of trade secrets and business connections is paramount.
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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 sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Circumvention', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and how it may be used
5. Non-Circumvention Obligations: Specific prohibitions on bypassing or circumventing the disclosing party in business dealings
6. Permitted Disclosures: Circumstances under which confidential information may be shared with third parties
7. Security Measures: Required procedures for protecting confidential information
8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for disputes
12. General Provisions: Standard provisions including amendments, notices, and severability
1. Intellectual Property Rights: Additional provisions protecting intellectual property when confidential information includes IP - used when technical or proprietary information is involved
2. Digital Security Measures: Specific requirements for protecting electronic data - used when information is primarily shared digitally
3. Third Party Rights: Provisions regarding the rights of third parties - used when confidential information may belong to or affect third parties
4. Non-Solicitation: Restrictions on soliciting employees or customers - used in business relationships where personnel or customer relationships are sensitive
5. Sharia Compliance Declaration: Explicit statement of Sharia compliance - used when required by specific Saudi authorities or parties
6. Force Majeure: Provisions for unforeseeable circumstances - used in long-term NDAs or when dealing with sensitive operational information
7. Assignment and Succession: Rules for transferring rights under the agreement - used in corporate contexts or long-term relationships
1. Schedule 1 - Description of Confidential Information: Detailed categorization and description 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 procedures to be followed
4. Schedule 4 - Permitted Purpose Details: Detailed description of how confidential information may be used
5. Appendix A - Form of Confidentiality Undertaking: Template for additional parties or representatives to sign confidentiality commitments
6. Appendix B - Data Handling Procedures: Specific procedures for handling, storing, and destroying confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Oil and Gas
Financial Services
Healthcare
Professional Services
Real Estate Development
Telecommunications
Construction
Education
Retail
Mining
Defense
Agriculture
Pharmaceuticals
Energy
Transportation
Tourism
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Finance
Operations
Procurement
Information Technology
Sales
Corporate Development
Compliance
Strategy
Innovation
Commercial
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Chief Financial Officer
Project Manager
Research and Development Director
Operations Manager
Investment Manager
Procurement Manager
Strategic Partnership Director
Chief Technology Officer
Sales Director
Corporate Development Manager
Innovation Manager
Compliance Officer
Contract Manager
Technical Director
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