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Non Solicitation Agreement

Non Solicitation Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Non Solicitation Agreement

"I need a Non-Solicitation Agreement for a senior software developer leaving our Dubai-based technology company in March 2025, specifically to prevent them from poaching our development team members and key clients for 12 months after their departure."

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Document background
The Non-Solicitation Agreement is essential for businesses operating in the UAE seeking to protect their workforce, customer relationships, and business interests. It is commonly used during business partnerships, employment relationships, or commercial transactions where parties gain access to valuable relationships and connections. The agreement must comply with UAE Federal Law No. 33 of 2021 and related commercial legislation, including specific considerations for free zones such as DIFC and ADGM. This document typically includes detailed provisions on restricted activities, temporal and geographical limitations, and enforcement mechanisms, all structured to ensure validity under UAE law. It serves as a crucial tool for businesses to maintain stability and protect against unfair competition while remaining within the bounds of UAE public policy and legal requirements.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the non-solicitation obligations

3. Definitions: Defined terms used throughout the agreement, including 'Restricted Business', 'Confidential Information', 'Restricted Period', and 'Restricted Persons'

4. Non-Solicitation Obligations: Core restrictions regarding solicitation of employees, customers, suppliers, and business partners

5. Duration and Geographic Scope: Temporal and territorial limits of the non-solicitation obligations

6. Exceptions and Permitted Activities: Specific activities that are permitted despite the non-solicitation restrictions

7. Confidentiality Obligations: Requirements regarding the handling and protection of confidential information

8. Acknowledgments: Parties' acknowledgments regarding reasonableness of restrictions and receipt of consideration

9. Remedies: Available remedies in case of breach, including injunctive relief and damages

10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and severability

Optional Sections

1. Non-Competition Obligations: Additional restrictions on competitive activities, used when broader protection is required and permissible under UAE law

2. Assignment and Succession: Provisions regarding transfer of rights and obligations, particularly relevant for corporate parties

3. Monitoring and Reporting: Procedures for monitoring compliance, used in high-value or high-risk relationships

4. Exit Provisions: Specific obligations and procedures upon termination of the business relationship

5. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value commercial relationships

6. Dispute Resolution: Detailed procedures for resolving disputes, including mediation or arbitration, particularly important for international parties

Suggested Schedules

1. Schedule 1 - Restricted Persons: List of specific individuals, customers, or entities covered by the non-solicitation obligations

2. Schedule 2 - Restricted Territory: Detailed description or map of the geographic area where restrictions apply

3. Schedule 3 - Confidential Information: Detailed categorization of information considered confidential under the agreement

4. Appendix A - Consideration Details: Details of any consideration or payment provided in exchange for the non-solicitation obligations

5. Appendix B - Reporting Format: Template for any required compliance reporting under the agreement

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
Agreement
Affiliate
Business Day
Business Relationship
Confidential Information
Customer
Effective Date
Group
Key Employee
Material Interest
Permitted Purpose
Protected Business
Restricted Activity
Restricted Period
Restricted Person
Restricted Territory
Senior Employee
Solicitation
Supplier
Territory
Trade Secrets
Associated Company
Business Partner
Competitive Business
Direct Solicitation
Indirect Solicitation
Intellectual Property Rights
Key Customer
Key Supplier
Non-Solicitation Obligations
Prospective Customer
Related Person
Relevant Connection
Termination Date
Relevant Industries

Technology

Professional Services

Financial Services

Healthcare

Real Estate

Manufacturing

Retail

Telecommunications

Construction

Education

Hospitality

Energy

Media and Entertainment

Logistics and Transportation

Consulting

Relevant Teams

Human Resources

Legal

Business Development

Sales

Operations

Executive Leadership

Recruitment

Client Services

Project Management

Account Management

Information Technology

Finance

Procurement

Marketing

Research and Development

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Business Development Manager

Sales Director

Managing Partner

Operations Manager

Recruitment Manager

Department Head

Project Manager

Account Manager

Technical Lead

Senior Consultant

Regional Manager

Chief Financial Officer

Industries
UAE Federal Decree-Law No. 33 of 2021 (UAE Labor Law): The primary legislation governing employment relationships in the UAE. Relevant for non-solicitation as it sets the framework for employment relationships and post-employment obligations.
UAE Federal Law No. 5 of 1985 (Civil Code): Governs contractual relationships and obligations. Important for non-solicitation agreements as it establishes principles of contract formation, validity, and enforcement.
UAE Federal Law No. 18 of 1993 (Commercial Transactions Law): Regulates commercial transactions and business relationships. Relevant for non-solicitation in business-to-business contexts.
UAE Federal Law No. 4 of 2012 (Competition Law): Regulates competition and anti-competitive practices. Crucial for ensuring non-solicitation agreements don't violate competition law principles.
UAE Federal Law No. 2 of 2015 (Commercial Companies Law): Governs corporate entities and their relationships. Relevant when non-solicitation agreements involve corporate entities or their representatives.
DIFC Law No. 2 of 2019 (DIFC Employment Law): Applies to entities within Dubai International Financial Centre. Essential if any party to the agreement operates within the DIFC.
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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