This One-Way NDA template is designed for use under Dutch law when one party needs to share confidential information with another party while maintaining strict control over its use and dissemination. The document is particularly suitable for business negotiations, potential partnerships, vendor relationships, or investment discussions where unilateral disclosure of sensitive information is necessary. It incorporates key provisions from the Dutch Civil Code (Burgerlijk Wetboek) and the Trade Secrets Act (Wet bescherming bedrijfsgeheimen), ensuring robust protection of confidential information. The agreement includes specific provisions for handling confidential information, security measures, and enforcement mechanisms that align with Dutch legal requirements. It can be customized to address various types of confidential information, including trade secrets, technical data, business strategies, and intellectual property.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names, registration numbers, and registered addresses
2. Background: Context of the disclosure relationship and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Purpose', and other relevant definitions
4. Disclosure of Confidential Information: Scope and manner of disclosure, specifying the unilateral nature of the disclosure
5. Obligations of Confidentiality: Receiving party's duties to maintain confidentiality, including specific security measures and permitted uses
6. Permitted Disclosures: Circumstances under which the receiving party may disclose information to representatives or as required by law
7. Term and Survival: Duration of the agreement and survival of confidentiality obligations
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Remedies: Legal remedies available to the disclosing party, including injunctive relief and damages
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection: Required when confidential information includes personal data subject to GDPR/AVG
2. Employee and Contractor Obligations: Used when receiving party needs to extend obligations to employees or contractors
3. Intellectual Property Rights: Included when confidential information involves IP rights that need specific protection
4. Non-Solicitation: Optional restriction on soliciting employees or customers, if relevant to the business relationship
5. Audit Rights: Optional right for disclosing party to audit receiving party's compliance with confidentiality obligations
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Measures: Specific technical and organizational measures required for protecting confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Biotechnology
Real Estate
Energy
Telecommunications
Retail
Research & Development
Entertainment & Media
Relevant Teams
Legal
Business Development
Executive Leadership
Research & Development
Human Resources
Finance
Operations
Procurement
Sales
Information Technology
Compliance
Strategy
Relevant Roles
Chief Executive Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Project Manager
Investment Manager
Research Director
Procurement Manager
Human Resources Director
Chief Financial Officer
Operations Manager
Compliance Officer
Sales Director
Strategic Partnership Manager
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