This Form NDA template is designed for use in the Netherlands when parties need to exchange confidential information in a business context. It serves as a standardized agreement that can be used across various business relationships, from potential partnerships to vendor relationships. The document incorporates essential elements required under Dutch law, including provisions from the Dutch Civil Code (Burgerlijk Wetboek) and the Trade Secrets Protection Act (Wet bescherming bedrijfsgeheimen). This Form NDA is particularly useful for companies operating in the Netherlands who regularly need to protect their confidential information when entering into preliminary discussions or ongoing business relationships. The template includes customizable elements while maintaining core protections required under Dutch law.
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1. Parties: Identification and details of the disclosing and receiving parties
2. Background: Context of the relationship and purpose of sharing confidential information
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Representatives', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding the handling and protection of confidential information
5. Permitted Use: Specified purposes for which the confidential information may be used
6. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives or required by law
7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination
8. Term and Survival: Duration of the agreement and survival of obligations post-termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Data Protection: Additional provisions for handling personal data under GDPR when confidential information includes personal data
2. Intellectual Property: Clarification of IP rights when confidential information includes patentable inventions or trade secrets
3. Non-Competition: Additional restrictions on competitive activities, if relevant to the business relationship
4. Representatives' Obligations: Detailed provisions for ensuring compliance by representatives who receive confidential information
5. Residual Knowledge: Provisions addressing use of residual knowledge retained in memory, if permitted
6. Securities Trading: Restrictions on securities trading if confidential information could affect stock prices
7. Force Majeure: Provisions for handling confidentiality obligations during force majeure events
1. Description of Confidential Information: Detailed list or categories of information considered confidential
2. Authorized Representatives: List of authorized representatives who may access confidential information
3. Security Measures: Specific security protocols and measures required for protecting confidential information
4. Notification Templates: Standard forms for required notices under the agreement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Energy
Telecommunications
Retail
Education
Real Estate
Construction
Biotechnology
Media & Entertainment
Automotive
Relevant Teams
Legal
Human Resources
Business Development
Research & Development
Procurement
Executive Leadership
Operations
Finance
Information Technology
Compliance
Strategic Partnerships
Innovation
Product Development
Investment
Corporate Communications
Relevant Roles
Chief Executive Officer
Legal Counsel
Business Development Manager
Human Resources Director
Research Director
Project Manager
Procurement Manager
Investment Manager
Operations Director
Chief Technology Officer
Chief Financial Officer
Contract Manager
Innovation Manager
Strategic Partnership Director
Compliance Officer
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