The Business Confidentiality Agreement is essential when parties need to share sensitive business information while ensuring its protection under Dutch law. This document is commonly used before entering into detailed business discussions, during due diligence processes, or when establishing ongoing business relationships where confidential information needs to be exchanged. The agreement complies with Dutch legal requirements, including the Civil Code (Burgerlijk Wetboek) and the Trade Secrets Protection Act (Wet bescherming bedrijfsgeheimen), while also considering EU regulations where applicable. It defines the scope of confidential information, establishes clear obligations for its protection, and provides legal remedies in case of breach, making it suitable for both domestic Dutch transactions and international business relationships involving Dutch entities.
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1. Parties: Identification and details of the parties entering into the agreement, including registered addresses and company details as required under Dutch law
2. Background: Context of the agreement and the business relationship between the parties
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR
2. International Transfer Provisions: Required when confidential information will be transferred outside the EU/EEA
3. Intellectual Property Rights: Required when confidential information includes IP or when IP might be created during the permitted purpose
4. Non-Competition and Non-Solicitation: Optional provisions to prevent competitive activities, subject to Dutch competition law restrictions
5. Publicity and Announcements: Required when there's a need to control public statements about the business relationship
6. Security Requirements: Required for agreements involving sensitive technical data or when specific security protocols must be followed
7. Force Majeure: Optional clause addressing circumstances preventing compliance with obligations
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees or subcontractors
5. Appendix B - Data Processing Requirements: Specific requirements for processing personal data if applicable under GDPR
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Research & Development
Biotechnology
Telecommunications
Retail
Energy
Automotive
Aerospace
Pharmaceuticals
Software Development
Consulting
Relevant Teams
Legal
Executive Leadership
Business Development
Research & Development
Procurement
Information Technology
Operations
Finance
Compliance
Innovation
Strategic Partnerships
Product Development
Commercial
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Business Development Manager
Chief Technology Officer
Project Manager
Research Director
Chief Financial Officer
Operations Manager
Procurement Manager
Legal Counsel
Contract Manager
Innovation Director
Strategic Partnership Manager
Compliance Officer
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