The Confidentiality Agreement Form, governed by Dutch law, is essential for businesses and individuals operating in the Netherlands who need to protect sensitive information during business negotiations, partnerships, or employment relationships. This document is commonly used before sharing trade secrets, business plans, technical specifications, or other confidential information with potential business partners, employees, or service providers. It ensures compliance with Dutch contract law, the Dutch Trade Secrets Act (Wet bescherming bedrijfsgeheimen), and EU data protection regulations. The agreement is particularly relevant in today's business environment where intellectual property and confidential information are crucial assets requiring robust legal protection.
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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, including the purpose for sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Use and Disclosure: Specific circumstances under which confidential information may be used or disclosed
6. Security Measures: Required measures to protect confidential information from unauthorized access or disclosure
7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination or request
8. Term and Survival: Duration of the agreement and which provisions survive termination
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Employee and Contractor Obligations: Additional provisions when confidential information will be shared with employees or contractors
2. Intellectual Property Rights: Specific provisions regarding IP rights when confidential information includes patents, trademarks, or trade secrets
3. Data Protection Compliance: Specific GDPR compliance provisions when personal data is involved
4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
5. Residual Knowledge: Provisions addressing use of general knowledge and experience gained
6. Export Control: Compliance with export control laws when dealing with regulated technologies or information
7. Force Majeure: Provisions for unexpected events affecting ability to maintain confidentiality
1. Schedule 1 - Confidential Information: Detailed description or categorization of the confidential information covered
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 to be followed
4. Appendix A - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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