Workable Definition
Specific enough to enforce and wide enough to cover the information that actually matters to you.
The weakness in most non disclosure agreements is not the confidentiality obligation. It is the remedy, because proving what a disclosure cost you is extremely difficult, and an NDA without a workable remedy is a document nobody fears breaching.
Dubai Legal Expert drafts and reviews non disclosure agreements for businesses across the UAE, structured so the obligations are clear and the consequences of breach are actually meaningful.
Four elements determine whether an NDA is useful. A definition of confidential information that is specific enough to enforce but wide enough to cover what matters. Clear permitted uses and permitted recipients. A duration appropriate to the information. And a remedy that does not depend on proving financial loss.
Most NDAs handle the first two adequately and fail on the last two. They run for a fixed short period regardless of how long the information stays valuable, and they provide only for damages that the injured party will never be able to quantify.
Contact UsAgreements drafted for the direction of information flow that actually applies to the discussion.
Confidential information defined so it covers what matters without becoming unenforceable through vagueness.
Obligations that continue for as long as the information retains value, including after the relationship ends.
Agreed compensation and injunctive style provisions so breach carries a consequence that can be applied.
Review of agreements presented to you, identifying obligations that extend further than you realise.
Specific enough to enforce and wide enough to cover the information that actually matters to you.
Obligations lasting as long as the information retains value rather than a default period copied from elsewhere.
Agreed compensation provisions so breach has consequences without requiring you to prove financial loss.
Clear terms on who may receive the information and their obligation to be bound by the same terms.
Obligations to return or destroy material at the end, with confirmation required in writing.
Agreements presented to you reviewed for obligations that go further than the discussion warrants.
If a competitor learns your pricing structure through a breached NDA, quantifying that loss is close to impossible. Without an agreed compensation provision, the practical remedy is very limited even where the breach is clear.
An agreed compensation figure changes the position, subject to the court power to adjust it to actual loss. It gives the agreement teeth and, more importantly, it makes the counterparty take the obligation seriously in the first place.
Define what matters, protect it for as long as it matters, then make breach costly.
We establish what information will be shared, why it is valuable and how long it stays valuable.
One way or mutual, standalone or part of a wider agreement, is agreed based on the discussion.
Definitions, permitted uses, recipients, duration and remedies are drafted to be workable and enforceable.
Where the counterparty proposes amendments, we advise on which weaken the protection materially.
Signing authority is verified and the agreement is executed, bilingually where appropriate.
A standard version is prepared where the business enters similar discussions regularly.
Our NDA ran for two years. The information it protected is valuable for ten. That mismatch is now fixed.
The agreed compensation clause changed how seriously the other side treated the whole discussion.
Yes, as contractual obligations, provided they are clearly drafted with a workable definition of confidential information and appropriate remedies.
As long as the information retains value. A default one or two year period is often far shorter than the information remains sensitive.
Enough specificity to be enforceable and enough width to cover what matters, including information disclosed orally and in meetings.
Agreed compensation provisions are commonly used, subject to the court power to adjust the amount to correspond to actual loss.
That depends on whether information flows in one direction or both, and a mutual agreement is usual where both sides disclose.
Yes, and reviews frequently identify obligations that extend considerably further than the discussion requires.
A confidentiality obligation without a workable remedy protects very little. The first consultation is free.
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