This Perpetual Non Disclosure Agreement is designed for situations requiring long-term or indefinite protection of confidential information under Dutch law. It is particularly suitable for business relationships involving ongoing collaboration, strategic partnerships, or the sharing of highly sensitive proprietary information that requires protection beyond a standard fixed-term NDA. The agreement complies with Dutch civil law requirements and the EU Trade Secrets Directive as implemented in the Netherlands, while accommodating GDPR considerations where relevant. It is commonly used in scenarios such as joint ventures, technology licensing, research partnerships, and strategic business collaborations where the confidential information's value doesn't diminish over time.
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1. Parties: Identification and details of the disclosing and receiving parties
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information
5. Confidentiality Obligations: Core obligations regarding use and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Security Measures: Required measures for protecting confidential information
8. Return or Destruction: Obligations regarding confidential information upon request
9. Duration and Survival: Perpetual nature of obligations and survival provisions
10. Breach and Remedies: Consequences of breach and available remedies
11. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction provisions
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Employee and Contractor Obligations: Include when receiving party needs to bind employees/contractors
3. Trade Secrets: Additional provisions when information qualifies as trade secrets under Dutch law
4. Non-Solicitation: Optional restrictions on soliciting employees/customers
5. Prior Agreements: Required when replacing or supplementing existing NDAs
6. Assignment: Include when transfer of rights needs to be restricted
7. Severability: Optional clause for preserving agreement if parts are invalid
8. Force Majeure: Include when specific circumstances might affect confidentiality obligations
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures required
4. Schedule 4 - Permitted Purpose: Detailed description of authorized use of confidential information
5. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Financial Services
Manufacturing
Professional Services
Research & Development
Healthcare
Energy
Telecommunications
Software Development
Consumer Goods
Industrial Engineering
Media & Entertainment
Aerospace & Defense
Relevant Teams
Legal
Executive Leadership
Business Development
Research & Development
Commercial
Procurement
Human Resources
Finance
Information Technology
Intellectual Property
Compliance
Corporate Communications
Operations
Strategy
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Innovation Manager
Commercial Director
Procurement Manager
Human Resources Director
Chief Financial Officer
Project Manager
Intellectual Property Manager
Compliance Officer
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