This Perpetual NDA template is designed for use in Saudi Arabia when parties need to establish indefinite confidentiality obligations that extend beyond typical time-limited agreements. It is particularly suitable for situations involving trade secrets, proprietary technology, or sensitive business information that requires permanent protection. The document ensures compliance with Saudi Arabian law, including the Commercial Courts Law, Anti-Cyber Crime Law, and Shariah principles, while accommodating international business practices. It provides comprehensive protection for confidential information exchanged during business negotiations, joint ventures, employment relationships, or commercial partnerships, with specific provisions for both electronic and physical information exchange. The perpetual nature of the NDA makes it especially valuable for protecting long-term business interests and intellectual property rights in the Saudi Arabian market.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, commercial registration numbers, and authorized representatives
2. Background: Context of the relationship between the parties and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and explicit exclusions
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon request
9. Perpetual Nature of Obligations: Explicit statement of the perpetual duration of confidentiality obligations
10. Remedies: Available remedies in case of breach, including injunctive relief and compensation
11. Governing Law and Jurisdiction: Specification of Saudi law as governing law and Saudi courts' jurisdiction
12. Language: Specification that Arabic is the governing language with English translation
1. Electronic Information Exchange: Additional provisions for electronic sharing and storage of confidential information, required if parties will primarily exchange information electronically
2. Data Protection: Specific provisions relating to personal data protection, required if confidential information includes personal data
3. Export Control: Provisions regarding compliance with export control laws, required if information may be subject to export restrictions
4. Shariah Compliance: Explicit statement of Shariah compliance, recommended for agreements with Islamic financial institutions
5. Representatives Acknowledgment: Additional section requiring representatives to acknowledge confidentiality obligations, useful for high-risk information sharing
6. Survival: Explicit survival clause for specific obligations, recommended for complex commercial relationships
1. Schedule 1 - Authorized Representatives: List of authorized representatives who may receive confidential information
2. Schedule 2 - Security Protocols: Detailed security measures and protocols for handling confidential information
3. Schedule 3 - Specific Types of Confidential Information: Detailed categorization of confidential information types covered
4. Appendix A - Form of Representative Undertaking: Template for representative acknowledgment of confidentiality obligations
5. Appendix B - Destruction Certificate: Template certificate confirming destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Oil & Gas
Financial Services
Healthcare
Manufacturing
Professional Services
Construction
Education
Research & Development
Telecommunications
Defense
Real Estate
Mining
Petrochemicals
Renewable Energy
Entertainment
Retail
Transportation & Logistics
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research & Development
Information Technology
Procurement
Operations
Finance
Compliance
Commercial
Strategic Planning
Innovation
Project Management
Intellectual Property
Relevant Roles
Chief Executive Officer
Legal Counsel
Chief Financial Officer
Business Development Manager
Research Director
Project Manager
Human Resources Director
Chief Technology Officer
Procurement Manager
Operations Manager
Investment Manager
Compliance Officer
Technical Director
Commercial Manager
Strategic Planning Director
Innovation Manager
Department Head
Contract Manager
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