A Company Confidentiality Agreement is essential when businesses need to share sensitive information while ensuring legal protection under Dutch law. This document is typically used during business negotiations, due diligence processes, joint ventures, or any situation where confidential information needs to be disclosed to another company. It encompasses provisions from the Dutch Trade Secrets Protection Act and aligns with EU regulations, making it suitable for both domestic Dutch operations and international business relationships. The agreement defines what constitutes confidential information, sets out clear obligations for information handling, and establishes enforcement mechanisms. It's particularly important in the Dutch business context, where international trade and innovation require robust protection of intellectual property and business secrets.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Representatives', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by law
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction: Obligations regarding return or destruction of confidential information upon request or termination
9. Duration and Survival: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Intellectual Property: Include when confidential information involves IP rights or when ownership of developments needs to be addressed
3. Non-Solicitation: Optional clause preventing solicitation of employees or customers, if relevant to business relationship
4. Export Control: Include when confidential information may be subject to export control regulations
5. Competitive Activity: Include when parties are competitors or in same industry to address competition law compliance
6. Assignment and Subcontracting: Include when either party may need to assign rights or involve subcontractors
7. Insurance: Include when requiring specific insurance coverage for handling confidential information
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Appendix A - Form of Representative Undertaking: Template confidentiality undertaking for representatives to sign
5. Appendix B - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Pharmaceuticals
Financial Services
Professional Services
Healthcare
Biotechnology
Energy
Telecommunications
Research & Development
Automotive
Aerospace
Chemical Industry
Consumer Goods
Media & Entertainment
Relevant Teams
Legal
Executive Leadership
Business Development
Research & Development
Procurement
Commercial
Human Resources
Compliance
Intellectual Property
Information Technology
Operations
Finance
Strategy
Corporate Development
Innovation
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Procurement Manager
Commercial Director
Innovation Manager
Chief Financial Officer
HR Director
Compliance Officer
Intellectual Property Manager
Operations Director
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