This Non-Disclosure Non-Compete Agreement is essential for businesses operating in the UAE seeking to protect their confidential information and competitive position. The document is particularly relevant when engaging employees, contractors, or business partners who will have access to sensitive information or could pose a competitive threat. Structured in compliance with UAE Federal Law No. 33 of 2021, it includes mandatory provisions regarding non-compete duration (maximum 2 years), geographical scope, and legitimate business interests. The agreement combines robust confidentiality protections with enforceable non-compete restrictions, making it suitable for various commercial relationships where intellectual property and market position need protection. It's commonly used in employment situations, business partnerships, and commercial transactions where proprietary information needs safeguarding.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details if companies
2. Background: Context of the agreement, nature of the business relationship, and purpose of the confidentiality and non-compete provisions
3. Definitions: Key terms including 'Confidential Information', 'Restricted Business', 'Territory', 'Restricted Period', and other relevant definitions
4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
6. Non-Compete Obligations: Specific restrictions on competitive activities, including temporal and geographical limitations (max 2 years under UAE law)
7. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers
8. Return of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and provisions that survive termination
10. Remedies: Available remedies for breach, including injunctive relief and damages
11. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
12. General Provisions: Standard clauses including amendments, waiver, severability, and entire agreement
1. Specialized Confidential Information: Additional provisions for specific types of confidential information (e.g., trade secrets, technical data, customer lists) - use when dealing with specific industry or technical information
2. Data Protection: Specific provisions relating to personal data protection - include when personal data processing is involved
3. Intellectual Property Rights: Specific provisions relating to IP ownership and usage - include when IP transfer or licensing is relevant
4. Assignment and Succession: Provisions regarding the transfer of rights and obligations - include for corporate entities or potential M&A scenarios
5. Audit Rights: Rights to audit compliance with confidentiality obligations - include for high-security or regulated industries
6. Training and Compliance: Requirements for training on confidentiality obligations - include for agreements with larger organizations or multiple users
1. Schedule 1 - Restricted Territory: Detailed description of geographical areas covered by non-compete restrictions
2. Schedule 2 - Restricted Business Activities: Detailed list of prohibited business activities and competition restrictions
3. Schedule 3 - Confidential Information Categories: Detailed categorization of types of confidential information covered
4. Schedule 4 - Authorized Recipients: List of persons authorized to receive confidential information and their obligations
5. Schedule 5 - Security Measures: Required security measures for protecting confidential information
6. Appendix A - Form of Confidentiality Undertaking: Template undertaking for authorized recipients to sign
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