This Two-Way NDA is essential for businesses engaging in confidential discussions or collaborations in Saudi Arabia. It should be used when two parties need to share sensitive information while ensuring mutual protection and confidentiality. The document is specifically drafted to comply with Saudi Arabian law, including relevant provisions of the Commercial Courts Law, Personal Data Protection Law, and Sharia principles. It provides comprehensive coverage for various types of confidential information including trade secrets, technical data, business plans, and proprietary information. This agreement is particularly important in the initial stages of business relationships, during due diligence processes, or when exploring potential partnerships or joint ventures. The Two-Way NDA includes provisions for handling electronic data, maintaining security measures, and managing the return or destruction of confidential information, all while ensuring alignment with Saudi Arabian legal requirements and business practices.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and commercial registration numbers
2. Background: Context of the relationship between the parties and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Authorized Recipients', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information for both parties
5. Obligations of Confidentiality: Mutual obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival of Obligations: Specification of obligations that continue after termination
11. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for disputes
12. General Provisions: Standard provisions including severability, amendments, and entire agreement
1. Sharia Compliance: Explicit statement of Sharia compliance - recommended when one or more parties require explicit Sharia compliance confirmation
2. Data Protection Compliance: Specific provisions relating to personal data protection - required when confidential information includes personal data
3. Intellectual Property Rights: Additional provisions regarding IP rights - needed when confidential information includes patents, trademarks, or other IP
4. Non-Competition: Provisions preventing competitive activities - include only if specifically requested and ensure compliance with Saudi law
5. Force Majeure: Provisions for unforeseen circumstances - recommended for longer-term NDAs
6. Language: Specification of prevailing language - needed when agreement is bilingual Arabic/English
1. Schedule 1 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
2. Schedule 2 - Security Protocols: Detailed security measures and protocols for handling confidential information
3. Schedule 3 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
4. Appendix A - Form of Acknowledgment: Template for authorized recipients to acknowledge confidentiality obligations
5. Appendix B - Data Destruction Certificate: Template for certifying the destruction of confidential information
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