The Insurance Non-Disclosure Agreement is essential for protecting confidential information exchanged within the Dutch insurance sector. This document is typically used when insurance companies share sensitive information with business partners, service providers, or consultants. It covers various types of confidential information including underwriting methodologies, pricing strategies, customer data, and proprietary insurance products. The agreement is drafted in compliance with Dutch law, particularly the Burgerlijk Wetboek (Dutch Civil Code), the Financial Supervision Act (Wft), and the GDPR implementation in Dutch law (AVG). It's designed to meet the strict regulatory requirements of the Dutch financial services sector while providing practical and enforceable confidentiality protection.
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1. Parties: Identification of the contracting parties, including full legal names, registration numbers, and registered addresses of the insurance company and the receiving party
2. Background: Context of the agreement, explaining the nature of the insurance business relationship and why confidential information needs to be shared
3. Definitions: Key terms including 'Confidential Information', 'Insurance Products', 'Personal Data', 'Trade Secrets', and other relevant definitions specific to insurance context
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the insurance context, including client data, underwriting criteria, pricing models, and proprietary insurance products
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care required for protecting insurance-related confidential information
6. Data Protection and GDPR Compliance: Specific obligations regarding the processing and protection of personal data under GDPR/AVG requirements
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including regulatory requirements and legal obligations specific to insurance industry
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
10. Breach and Remedies: Consequences of breach, including specific remedies and indemnification provisions
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendment procedures
1. Regulatory Compliance: Additional provisions regarding compliance with specific insurance industry regulations and supervisory requirements - include when dealing with regulated insurance activities
2. Information Security Requirements: Specific technical and organizational security measures required - include when sharing highly sensitive data or when required by internal policies
3. Audit Rights: Rights to audit compliance with confidentiality obligations - include for high-value or high-risk relationships
4. Insurance Requirements: Requirements for insurance coverage related to data protection - include when handling large volumes of sensitive data
5. Subcontractors: Provisions regarding the use of subcontractors and their confidentiality obligations - include when subcontracting is likely
6. International Data Transfers: Provisions for cross-border data transfers - include when parties operate in multiple jurisdictions
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered, including specific insurance products, underwriting criteria, and pricing models
2. Schedule 2 - Security Procedures: Specific security measures and protocols required for protecting different types of confidential information
3. Schedule 3 - Authorized Personnel: List of authorized personnel who may access confidential information and their level of access
4. Schedule 4 - Data Processing Requirements: Specific requirements for processing personal data in compliance with GDPR/AVG
5. Appendix A - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Insurance
Financial Services
Healthcare
Technology
Professional Services
Banking
Consulting
Risk Management
Legal Services
Data Management
Relevant Teams
Legal
Compliance
Risk Management
Underwriting
Claims Processing
Product Development
Data Protection
Information Security
Business Development
Operations
Actuarial
Partner Relations
Relevant Roles
Chief Risk Officer
Compliance Manager
Underwriting Manager
Claims Director
Legal Counsel
Data Protection Officer
Insurance Product Manager
Actuarial Manager
Business Development Director
IT Security Manager
Operations Manager
Partnership Manager
Insurance Broker
Claims Handler
Risk Analyst
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