This Strict NDA template is specifically designed for use under Dutch law when parties need to share highly sensitive business information, trade secrets, or intellectual property. It provides more rigorous protections than a standard NDA, including detailed security protocols, strict liability provisions, and comprehensive enforcement mechanisms. The document is particularly suitable for high-stakes business negotiations, technology transfers, joint ventures, or any situation where valuable proprietary information needs maximum protection. This Strict NDA incorporates requirements from the Dutch Civil Code, the Trade Secrets Act (Wet bescherming bedrijfsgeheimen), and EU regulations including GDPR where applicable. It's designed to be readily enforceable in Dutch courts while providing clear guidance on parties' obligations and responsibilities.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Detailed definitions including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Comprehensive description of what constitutes confidential information, including explicit categories and formats
5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information
6. Security Measures: Specific security protocols and measures required for protecting confidential information
7. Permitted Disclosures: Strictly limited circumstances under which disclosure is permitted, including legal requirements and authorized representatives
8. Return or Destruction of Information: Requirements and procedures for returning or destroying confidential information upon request or termination
9. Duration and Survival: Term of the agreement and survival of obligations post-termination
10. Breach and Remedies: Consequences of breach, including injunctive relief and liquidated damages
11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Personal Data Protection: Additional provisions for GDPR compliance when confidential information includes personal data
2. Non-Solicitation: Restrictions on soliciting employees or customers, included when business relationship warrants such protection
3. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP-sensitive material
4. Audit Rights: Rights to audit compliance with security measures, included for highly sensitive information
5. Insurance Requirements: Obligations to maintain specific insurance coverage, included for high-value confidential information
6. Force Majeure: Provisions for extraordinary circumstances, included when long-term obligations are contemplated
1. Schedule 1 - Categories of Confidential Information: Detailed listing of specific types and categories of confidential information covered
2. Schedule 2 - Security Protocols: Detailed technical and organizational security measures required
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Appendix A - Data Processing Terms: GDPR-compliant data processing terms when personal data is involved
5. Appendix B - Destruction Certificate Template: Template for certifying the destruction of confidential information
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