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Confidentiality Agreement Data Protection

Confidentiality Agreement Data Protection Template for United Arab Emirates

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Key Requirements PROMPT example:

Confidentiality Agreement Data Protection

"I need a Confidentiality Agreement Data Protection governed by UAE law for a technology consulting project where my Dubai-based software company will be processing customer data for a multinational bank, starting March 2025, with specific provisions for cross-border data transfers to our development team in India."

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Document background
This Confidentiality Agreement Data Protection is designed for use in the United Arab Emirates when parties need to share sensitive information and personal data while ensuring compliance with UAE data protection laws, particularly Federal Decree-Law No. 45 of 2021. The agreement is suitable for various business relationships where one party discloses confidential information or personal data to another, including service provider arrangements, consultancy relationships, or business partnerships. It incorporates comprehensive provisions for data protection, security measures, and confidentiality obligations, while addressing specific UAE requirements such as cross-border data transfers and free zone regulations. The document is particularly relevant for international business transactions involving UAE entities or operations.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including registration details and addresses

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 Protection Laws, Authorized Persons

4. Scope of Confidential Information: Detailed description of what constitutes confidential information and personal data under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Data Protection Compliance: Obligations specific to personal data processing under UAE Federal Decree-Law No. 45 of 2021

7. Security Measures: Required technical and organizational measures to protect confidential information and personal data

8. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorities or as required by law

9. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination or request

10. Term and Survival: Duration of the agreement and provisions that survive termination

11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

12. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes

Optional Sections

1. Cross-Border Transfers: Required when confidential information or personal data may be transferred outside the UAE

2. Sector-Specific Compliance: Additional provisions for regulated sectors (healthcare, financial services, etc.)

3. Free Zone Compliance: Specific provisions when either party is located in DIFC or ADGM

4. Data Processing Terms: Detailed data processing terms when extensive personal data processing is involved

5. Audit Rights: Rights to audit compliance with confidentiality and data protection obligations

6. Insurance Requirements: Obligations to maintain specific insurance coverage for data protection risks

7. Language Precedence: Required when agreement is bilingual Arabic/English, specifying which version prevails

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered

2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information

3. Schedule 3 - Security Measures: Detailed technical and organizational security measures required

4. Schedule 4 - Data Processing Details: Details of personal data processing activities including purposes, categories of data and subjects

5. Schedule 5 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

6. Appendix A - Contact Details: Contact information for key personnel and notices

7. Appendix B - Sub-processor List: If relevant, approved list of sub-processors for personal data

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Confidential Information
Personal Data
Data Subject
Processing
Controller
Processor
Authorized Purpose
Authorized Personnel
Security Breach
Data Protection Laws
Technical Measures
Organizational Measures
Confidentiality Period
Disclosing Party
Receiving Party
Representatives
Affiliate
Business Day
Effective Date
Group Company
Intellectual Property Rights
Notice
Security Requirements
Services
Third Party
UAE
Data Protection Officer
Transfer
Restricted Transfer
Regulatory Authority
Compliance Documentation
Cross-border Processing
Data Protection Impact Assessment
Personal Data Breach
Processing Record
Special Categories of Personal Data
Sub-processor
Technical Standards
Adequate Country
Anonymization
Consent
Data Minimization
Encryption
Privacy Notice
Return Date
Relevant Industries

Technology

Financial Services

Healthcare

Professional Services

Real Estate

Manufacturing

Energy

Telecommunications

E-commerce

Education

Construction

Hospitality

Logistics

Retail

Media

Pharmaceuticals

Aviation

Maritime

Consulting

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Human Resources

Procurement

Business Development

Research & Development

Data Protection

Corporate Governance

Internal Audit

Project Management

Commercial

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Data Protection Officer

Chief Information Security Officer

Chief Technology Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

IT Director

Risk Manager

Commercial Director

Operations Manager

Project Manager

Business Development Manager

Procurement Manager

Contract Manager

Information Security Manager

HR Director

Company Secretary

Industries
Federal Decree-Law No. 45 of 2021: UAE's comprehensive data protection law that governs the processing and protection of personal data, including requirements for data transfer, storage, and processing
UAE Federal Law No. 1 of 2006: Electronic Commerce and Transactions Law that includes provisions for protecting electronic data and information security
UAE Federal Law No. 2 of 2019: Regulates the use of Information and Communication Technology (ICT) in healthcare, including provisions for maintaining confidentiality of health information
DIFC Data Protection Law No. 5 of 2020: Specific data protection regulations applicable to companies operating in Dubai International Financial Centre
ADGM Data Protection Regulations 2021: Abu Dhabi Global Market's data protection regulations, particularly relevant for entities operating within ADGM
UAE Federal Law No. 5 of 1985 (Civil Code): Contains general principles regarding confidentiality obligations and good faith in commercial dealings
UAE Federal Law No. 3 of 1987 (Penal Code): Contains provisions criminalizing the disclosure of confidential information and trade secrets
UAE Federal Law No. 2 of 2015: Companies Law containing provisions about corporate information confidentiality and disclosure obligations
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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