Commercial Non Disclosure Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Commercial Non Disclosure Agreement

"I need a Commercial Non Disclosure Agreement under UAE law for a joint venture between my Dubai-based technology company and a European software developer, with specific provisions for protecting source code and technical specifications, to be effective from March 2025."

Document background

The Commercial Non Disclosure Agreement (NDA) is a crucial legal instrument in the UAE business environment, essential for protecting confidential information in commercial relationships. This document is particularly relevant when businesses are exploring potential partnerships, conducting due diligence, engaging in negotiations, or sharing sensitive business information. The agreement is structured to comply with UAE Federal Laws, including the Civil Code (Federal Law No. 5 of 1985) and Commercial Transactions Law (Federal Law No. 18 of 1993), while addressing specific requirements for information protection in the UAE jurisdiction. It provides comprehensive coverage for various types of confidential information, including trade secrets, financial data, customer information, and proprietary business methods, with provisions that are enforceable under UAE law.

Suggested Sections

1. Parties: Identification of the parties entering into the NDA, including full legal names, addresses, and registration details as per UAE requirements

2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information

3. Definitions: Comprehensive definitions including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other key terms used in the agreement

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement, including specific categories of protected information

5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, security measures, and restrictions on use and disclosure

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law

7. Security Measures: Specific measures required to protect confidential information, including physical, electronic, and procedural safeguards

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Duration and Survival: Term of the agreement and survival of obligations after termination

10. Breach and Remedies: Consequences of breach, including remedies and indemnification provisions enforceable under UAE law

11. General Provisions: Standard clauses including governing law, jurisdiction, notices, and entire agreement provisions

Optional Sections

1. Non-Solicitation: Optional provisions preventing solicitation of employees or customers, included when parties are competitors or in sensitive business relationships

2. Non-Competition: Restrictions on competitive activities, included when sharing highly sensitive commercial information

3. Data Protection Compliance: Specific provisions for compliance with UAE data protection requirements, included when personal data is involved

4. Intellectual Property Rights: Additional provisions protecting IP rights, included when technical or proprietary information is shared

5. Export Control: Provisions regarding compliance with UAE export control laws, included when dealing with regulated technologies or international transfers

6. Force Majeure: Provisions for unforeseen circumstances, included in longer-term NDAs or when dealing with sensitive operational information

7. Language Precedence: Clause specifying which language version prevails if the agreement is bilingual, included when document is in both Arabic and English

Suggested Schedules

1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for which confidential information may be used

2. Schedule 2 - Categories of Confidential Information: Specific list of information types covered by the agreement

3. Schedule 3 - Authorized Representatives: List of individuals or roles authorized to receive confidential information

4. Schedule 4 - Security Protocols: Detailed security measures and procedures required for handling confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties who need access to information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Technology and Innovation

Real Estate and Construction

Healthcare and Pharmaceuticals

Energy and Utilities

Manufacturing

Retail and Consumer Goods

Professional Services

Tourism and Hospitality

Transportation and Logistics

Media and Entertainment

Education

Oil and Gas

Telecommunications

Aviation

Relevant Teams

Legal

Business Development

Corporate Development

Procurement

Research and Development

Human Resources

Operations

Investment

Strategy

Commercial

Sales

Technical

Innovation

Partnerships

Compliance

Contracts

Executive Leadership

Finance

Information Technology

Marketing

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Corporate Development Director

Procurement Manager

Research and Development Director

Human Resources Director

Operations Manager

Investment Manager

Strategy Director

Commercial Manager

Sales Director

Technical Director

Innovation Manager

Partnership Manager

Compliance Officer

Contract Manager

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Authors

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