This Indefinite NDA template is designed for situations requiring long-term or permanent protection of confidential information under Dutch law. It is particularly suitable for business relationships where ongoing access to sensitive information is necessary, such as strategic partnerships, joint ventures, or long-term service arrangements. The agreement incorporates provisions from Dutch legislation including the Civil Code and Trade Secrets Protection Act, ensuring robust protection while maintaining enforceability under Dutch jurisdiction. This document addresses various types of confidential information including trade secrets, proprietary technology, business methods, and customer data, with specific provisions for compliance with EU data protection regulations. The indefinite nature of the NDA makes it particularly suitable for protecting information that retains its value over extended periods or requires permanent confidentiality.
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1. Parties: Identification and details of the disclosing and receiving parties
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and exclusions
5. Obligations of Receiving Party: Core confidentiality obligations, standard of care, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by law
7. Return or Destruction: Requirements for handling confidential information upon request or termination
8. Duration and Survival: Indefinite nature of obligations and which provisions survive
9. No Grant of Rights: Clarification that no IP rights are transferred
10. Breach and Remedies: Consequences of breach including injunctive relief and damages
11. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Trade Secrets: Additional provisions when specific trade secrets protection is needed under Dutch Trade Secrets Protection Act
3. Employee and Contractor Obligations: Added when agreement covers obligations for employees and contractors
4. Digital Security Measures: Specific provisions for digital storage and transmission of confidential information
5. Non-Competition: Optional restrictions on competitive activities, subject to Dutch competition law
6. Export Control: Required when confidential information is subject to export control regulations
7. Residual Knowledge: Optional clause addressing use of non-confidential retained knowledge
8. Alternative Dispute Resolution: Optional mediation or arbitration provisions before court proceedings
1. Schedule 1 - Categories of Confidential Information: Detailed listing and categorization of confidential information types
2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Notice Details: Contact information and procedures for formal notices
5. Appendix B - Form of Confidentiality Undertaking: Template for confidentiality undertakings by representatives
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Biotechnology
Energy
Telecommunications
Aerospace & Defense
Consumer Goods
Education
Pharmaceuticals
Automotive
Real Estate
Relevant Teams
Legal
Executive Leadership
Research & Development
Human Resources
Information Technology
Business Development
Procurement
Innovation
Finance
Operations
Information Security
Corporate Strategy
Intellectual Property
Risk Management
Compliance
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Research Director
Chief Technology Officer
Project Manager
Human Resources Director
Procurement Manager
Innovation Manager
Chief Financial Officer
Strategic Partnership Director
Intellectual Property Manager
Information Security Officer
Operations Director
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