This IT Confidentiality Agreement is essential for businesses operating in the Netherlands that need to protect sensitive technical information, trade secrets, and intellectual property in IT-related business relationships. It is specifically designed to comply with Dutch law, including the Dutch Civil Code and the implementation of EU GDPR, while addressing the unique challenges of protecting digital assets and technical information. The agreement is particularly useful for technology companies, service providers, and businesses engaging in IT projects, software development, or data processing activities. It includes comprehensive provisions for protecting both digital and physical confidential information, incorporating modern IT security requirements and Dutch legal standards for information protection. This document should be used when parties need to share sensitive technical information, source code, system architectures, or other IT-related confidential data.
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1. Parties: Identification of the parties entering into the agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of confidential information
6. Data Protection and Security: Measures for protecting confidential information and compliance with GDPR requirements
7. Term and Survival: Duration of the agreement and provisions that survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination
9. Breach and Remedies: Consequences of breach and available remedies
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Used when disclosure to third parties (such as subcontractors) may be necessary
2. Employee and Contractor Obligations: Include when the receiving party needs to share information with employees/contractors
3. International Data Transfers: Required when confidential information may be transferred outside the EU/EEA
4. Source Code Protection: Specific provisions for protecting software source code, used in software development contexts
5. Reverse Engineering Prohibition: Used when protecting technical information that could be reverse engineered
6. Competition Restrictions: Include when confidentiality is linked to non-compete obligations
7. Audit Rights: Optional provisions allowing the disclosing party to audit compliance
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Measures: Technical and organizational security measures to be implemented
4. Schedule 4 - Approved Subcontractors: List of approved third parties who may receive confidential information
5. Appendix A - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved
6. Appendix B - Information Return/Destruction Protocol: Detailed procedures for returning or destroying confidential information
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