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Personal NDA Template for Netherlands

A Dutch law-governed Personal Non-Disclosure Agreement designed for individual use, establishing confidentiality obligations between two parties where at least one is acting in their personal capacity. This agreement complies with Dutch civil law requirements and incorporates GDPR considerations where personal data is involved. It provides comprehensive protection for confidential information while remaining accessible and straightforward enough for individual use, with clear enforcement mechanisms under Dutch jurisdiction.

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What is a Personal NDA?

This Personal NDA is specifically designed for use under Dutch law when individuals need to protect confidential information in various personal or professional contexts. It's particularly suitable for situations where freelancers, consultants, or individuals share sensitive information with other individuals or when discussing personal business ventures, inventions, or creative works. The document incorporates key requirements of Dutch contract law and the Dutch Civil Code (Burgerlijk Wetboek), while also accounting for GDPR compliance where relevant. This Personal NDA is simpler than corporate NDAs but maintains robust protection for confidential information, trade secrets, and personal data. It's commonly used in preliminary business discussions, personal project collaborations, or when sharing sensitive personal or professional information.

What sections should be included in a Personal NDA?

1. Parties: Identification of the individual disclosing the confidential information and the individual receiving it

2. Background: Brief context explaining why the NDA is being entered into and the relationship between the parties

3. Definitions: Key terms including 'Confidential Information', 'Purpose', and 'Permitted Use'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under this agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure and non-use requirements

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements

7. Term and Termination: Duration of the agreement and confidentiality obligations, including post-termination obligations

8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

9. Breach and Remedies: Consequences of breach and available legal remedies including injunctive relief

10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

What sections are optional to include in a Personal NDA?

1. Data Protection Compliance: Additional section required when confidential information includes personal data under GDPR

2. Intellectual Property Rights: Optional section when confidential information includes IP-related materials

3. Non-Competition: Additional restrictions on competitive activities, if relevant to the purpose

4. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the relationship

5. Survival: Specific provisions about which obligations survive termination, if different from standard terms

6. Assignment: Rules about transferability of the agreement, relevant for long-term relationships

What schedules should be included in a Personal NDA?

1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for which confidential information may be used

2. Schedule 2 - Categories of Confidential Information: Specific list or categories of confidential information covered by the agreement

3. Appendix A - Security Measures: Optional appendix detailing required security measures for protecting confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Netherlands

Cost

Free to use

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