This Basic Non-Disclosure Agreement template is designed for use under Dutch law when parties need to share confidential information in a business context. It is particularly suitable for initial business discussions, potential partnerships, service provider relationships, or employee/contractor engagements where sensitive information needs to be protected. The document complies with Dutch legal requirements, including the Dutch Civil Code and Trade Secrets Act, while remaining accessible and practical for everyday business use. It covers essential confidentiality provisions, enforcement mechanisms, and data protection considerations, making it suitable for both domestic Dutch operations and international business relationships where Dutch law is chosen as the governing law.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Purpose', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Use: Specific purposes for which the confidential information may be used
6. Return or Destruction: Requirements for handling confidential information upon termination or request
7. Term and Termination: Duration of the agreement and termination provisions
8. Breach and Remedies: Consequences of breach and available remedies
9. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Required when confidential information includes personal data subject to GDPR/AVG
2. Intellectual Property: Needed when confidential information includes IP rights or when IP may be created during the relationship
3. Security Measures: Detailed security requirements for handling confidential information, particularly relevant for technical or highly sensitive information
4. Permitted Disclosures: Specific provisions for allowing disclosure to certain parties (e.g., professional advisors, regulators)
5. Non-Solicitation: Optional restraint on soliciting employees or customers, if relevant to the business relationship
6. Survival: Specific provisions about which obligations survive termination, if different from standard confidentiality period
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information, if required
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