This Data Confidentiality Agreement template is designed for use in Saudi Arabia when parties need to exchange sensitive or confidential information in a business context. It ensures compliance with Saudi Arabia's Personal Data Protection Law (PDPL), the Anti-Cyber Crime Law, and other relevant regulations while adhering to Shariah principles. The agreement is particularly crucial for businesses operating in Saudi Arabia or dealing with Saudi entities, as it incorporates specific local legal requirements for data protection, cybersecurity, and confidentiality obligations. It includes comprehensive provisions for data handling, security measures, breach notification procedures, and cross-border data transfers where applicable. The template is structured to protect both parties' interests while ensuring regulatory compliance in the Saudi business environment.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, including 'Confidential Information', 'Authorized Persons', 'Data Processing', and other relevant terms as per Saudi PDPL
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement, including both data categories and formats
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 authorized personnel and regulatory authorities
7. Data Protection and Security Measures: Specific security measures required to protect confidential information in compliance with Saudi cybersecurity regulations
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies under Saudi law
11. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for dispute resolution
1. Cross-border Data Transfer: Required when confidential information will be transferred outside Saudi Arabia, ensuring compliance with PDPL requirements for international data transfers
2. Industry-Specific Compliance: Include when the agreement relates to specific regulated industries (e.g., healthcare, financial services) requiring additional compliance measures
3. Audit Rights: Optional section granting rights to audit compliance with the agreement's terms, recommended for high-sensitivity data
4. Data Processing Agreement Provisions: Required when the relationship involves data processing activities as defined under the PDPL
5. Force Majeure: Optional clause addressing unforeseeable circumstances preventing performance
6. Insurance Requirements: Include when specific insurance coverage is required for data protection and cyber risks
7. Shariah Compliance Declaration: Optional section explicitly confirming the agreement's compliance with Shariah principles
1. Schedule 1 - Categories of Confidential Information: Detailed listing of all types and categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Protocols: Technical and organizational security measures required for protecting confidential information
4. Schedule 4 - Data Processing Activities: Detailed description of any data processing activities, including purpose, duration, and type of processing
5. Appendix A - Information Security Requirements: Specific technical requirements for information security compliance with Saudi regulations
6. Appendix B - Incident Response Plan: Procedures for handling and reporting data breaches or security incidents
7. Appendix C - Exit Management Plan: Detailed procedures for termination and transitioning of confidential information
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