This Perpetual Non Disclosure Agreement is essential for businesses operating in Saudi Arabia who need to protect confidential information without a specific termination date. It is particularly relevant for long-term business relationships, strategic partnerships, and situations where sensitive information needs perpetual protection. The document is structured to comply with Saudi Arabian legal requirements, including the Commercial Law (Royal Decree No. M/1) and Law of Commercial Data (Royal Decree No. M/15), while adhering to Shariah principles. It's commonly used in scenarios involving technology transfers, joint ventures, consulting arrangements, and other business relationships where ongoing confidentiality is crucial. The agreement provides comprehensive protection for trade secrets, proprietary information, customer data, and other sensitive business information, with specific provisions for enforcement under Saudi jurisdiction.
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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 relationship between the parties and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and exclusions
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure 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: Obligations regarding the return or destruction of confidential information upon request
9. Duration and Survival: Establishment of the perpetual nature of obligations and survival of terms
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 boilerplate clauses including severability, amendments, and notices
1. Data Protection: Additional provisions for personal data protection, required if personal data is involved
2. Intellectual Property Rights: Clarification of IP ownership and rights, needed when confidential information includes IP
3. Non-Competition: Restrictions on competitive activities, if relevant to the business relationship
4. Assignment and Succession: Rules for transferring rights and obligations, important for complex corporate structures
5. Shariah Compliance Declaration: Explicit statement of Shariah compliance, useful when dealing with Islamic financial institutions
6. Force Majeure: Provisions for unforeseen circumstances affecting compliance, optional but recommended
7. Costs and Expenses: Allocation of costs related to compliance with NDA obligations, useful for complex relationships
1. Schedule 1 - Categories of Confidential Information: Detailed list of types and categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Notification Procedures: Procedures for reporting potential breaches or required disclosures
5. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations
6. Appendix B - Destruction Certificate: Template certificate confirming destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Energy & Resources
Professional Services
Real Estate & Construction
Telecommunications
Education
Research & Development
Defense & Security
Islamic Finance
Petrochemicals
Retail & Consumer Goods
Transportation & Logistics
Relevant Teams
Legal
Compliance
Executive Leadership
Business Development
Research & Development
Information Technology
Human Resources
Finance
Operations
Risk Management
Information Security
Strategy
Procurement
Corporate Communications
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Director
Compliance Officer
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Investment Manager
Commercial Director
Operations Manager
Chief Financial Officer
Human Resources Director
Risk Manager
Information Security Officer
Strategy Director
Procurement Manager
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