The Advisory Board Confidentiality Agreement is essential for companies operating under Dutch law that engage external experts in advisory board capacities. This document becomes necessary when organizations seek to formalize the confidentiality obligations of advisory board members who will have access to sensitive strategic, technical, or commercial information. The agreement ensures compliance with Dutch legal requirements, including the Dutch Civil Code, GDPR (as implemented in the Netherlands), and the Dutch Corporate Governance Code. It's particularly crucial for companies that share proprietary information, strategic plans, or sensitive data with their advisory board members, and need to establish clear guidelines for information handling, usage restrictions, and post-engagement confidentiality obligations.
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1. Parties: Identification of the company and the advisory board member
2. Background: Context of the advisory board appointment and need for confidentiality
3. Definitions: Key terms including 'Confidential Information', 'Advisory Services', 'Term', and 'Permitted Purpose'
4. Appointment and Term: Confirmation of advisory board role and duration
5. Confidentiality Obligations: Core confidentiality duties and restrictions on use of information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Return or Destruction of Confidential Information: Obligations regarding handling of confidential information upon termination
8. Duration of Confidentiality Obligations: Survival of confidentiality obligations post-termination
9. Intellectual Property: Ownership and rights related to confidential information
10. Data Protection: GDPR compliance and personal data handling obligations
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Competition: Required when advisory board member may have access to highly sensitive competitive information or works with competitor companies
2. Non-Solicitation: Added when there's a risk of soliciting employees or clients
3. Insider Trading Provisions: Necessary for public companies or when dealing with market-sensitive information
4. Remuneration: Include if compensation terms are not covered in a separate agreement
5. Insurance and Indemnity: Added when advisory board role carries significant liability risks
6. Conflict of Interest: Include when advisory board member has multiple board positions or business interests
1. Description of Advisory Services: Detailed scope of advisory board member's role and responsibilities
2. Categories of Confidential Information: Specific types of confidential information covered by the agreement
3. Approved Third Party Recipients: List of pre-approved parties who may receive confidential information
4. Data Processing Terms: Detailed GDPR-compliant data processing obligations if applicable
5. Security Protocols: Specific procedures for handling and protecting confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Financial Services
Healthcare and Life Sciences
Manufacturing and Industrial
Professional Services
Energy and Utilities
Telecommunications
Real Estate
Consumer Goods
Media and Entertainment
Education and Research
Biotechnology
Aerospace and Defense
Relevant Teams
Legal
Compliance
Corporate Governance
Executive Office
Board Secretariat
Risk Management
Corporate Affairs
Strategy
Human Resources
Information Security
Relevant Roles
Chief Executive Officer
General Counsel
Chief Legal Officer
Corporate Secretary
Head of Compliance
Board Secretary
Chief Strategy Officer
Head of Corporate Governance
Advisory Board Member
Non-Executive Director
Chief Financial Officer
Chief Technology Officer
Chief Operations Officer
Director of Business Development
Head of Risk Management
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