This One Way Non Disclosure Agreement is designed for situations where one party needs to share confidential business, technical, or proprietary information with another party while maintaining strict control over its use and dissemination. Common scenarios include business negotiations, due diligence processes, potential partnerships, or service provider engagements. The agreement, governed by Dutch law, incorporates provisions from the Dutch Civil Code (Burgerlijk Wetboek) and the Trade Secrets Act (Wet bescherming bedrijfsgeheimen), ensuring robust protection for confidential information. It is particularly relevant in today's business environment where intellectual property and confidential information are critical assets requiring careful protection during business discussions and evaluations.
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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: Brief context of why the NDA is needed and the nature of the potential business relationship
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant defined terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations of the Receiving Party regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which the Receiving Party may disclose information to employees, advisors, or as required by law
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Remedies: Available remedies in case of breach, including injunctive relief and damages
11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
12. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties
13. Execution: Signature blocks and execution details
1. Data Protection: Required when confidential information includes personal data subject to GDPR/AVG
2. Intellectual Property Rights: Added when confidential information includes IP that needs specific protection
3. Non-Solicitation: Optional clause preventing solicitation of employees/clients, if relevant to the business context
4. Assignment: Include if either party may need to assign rights under the NDA
5. Severability: Optional boilerplate for jurisdictions where this is not implied by law
6. Notices: Detailed notice provisions if formal communications are expected during the term
7. Third Party Rights: Required if any third parties need rights under the agreement
8. Export Control: Include if confidential information may be subject to export control regulations
1. Schedule 1 - Specified Confidential Information: Optional detailed list of specific confidential information or categories covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Biotechnology
Real Estate
Energy
Telecommunications
Retail
Entertainment
Education
Pharmaceuticals
Automotive
Relevant Teams
Legal
Business Development
Executive Leadership
Research & Development
Human Resources
Finance
Procurement
Information Technology
Innovation
Compliance
Operations
Strategy
Product Development
Investment
Corporate Development
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Chief Technology Officer
Research Director
Investment Manager
Procurement Manager
Human Resources Director
Chief Financial Officer
Project Manager
Innovation Director
Compliance Officer
Operations Manager
Strategy Consultant
Product Development Manager
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