The International Non Disclosure Agreement under Dutch law is essential for businesses engaging in cross-border commercial relationships where confidential information needs to be shared. This document is particularly relevant when parties are exploring potential business opportunities, conducting due diligence, engaging in joint ventures, or discussing technical collaborations. It provides a robust framework for protecting sensitive information while complying with Dutch legal requirements and EU regulations, including the GDPR where applicable. The agreement is structured to address international aspects of confidentiality, including cross-border data transfers, varying jurisdictional requirements, and enforcement mechanisms across different countries. It's designed to protect trade secrets, technical know-how, business strategies, and other proprietary information while facilitating necessary business communications.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and permitted uses
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and survival of obligations after termination
10. Breach and Remedies: Consequences of breach, including injunctive relief and damages
11. General Provisions: Standard provisions including notices, amendments, assignment, severability, and entire agreement
12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Specific section addressing GDPR compliance when personal data is involved
2. Intellectual Property Rights: Section clarifying ownership and rights in confidential information when IP is specifically involved
3. Non-Solicitation: Provisions preventing solicitation of employees/customers, if relevant to the business relationship
4. Export Control: Provisions addressing export control laws when technical data or controlled information is involved
5. Competing Activities: Provisions regarding competition and use of information for competitive purposes
6. Translations: Section addressing official language and translations when parties are from different jurisdictions
7. Representatives and Warranties: Additional warranties regarding authority to share information and its accuracy
8. Force Majeure: Provisions for handling confidentiality obligations during force majeure events
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Authorized Recipients: List of individuals or categories of individuals authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Information Classification Guidelines: Guidelines for classification levels of confidential information and corresponding handling requirements
5. Appendix A - Form of Acknowledgment: Template for acknowledgment to be signed by authorized recipients of confidential information
6. Appendix B - Data Processing Terms: Optional GDPR-compliant data processing terms if personal data is involved
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