This Vendor NDA template is specifically designed for use under Dutch law when businesses need to share confidential information with their vendors, suppliers, or service providers. The document is essential for protecting proprietary information, trade secrets, and sensitive business data before and during vendor engagements. It incorporates key requirements from the Dutch Civil Code, the Trade Secrets Protection Act, and relevant EU regulations including GDPR. The agreement is particularly important when initiating new vendor relationships, during vendor due diligence processes, or when existing vendors require access to sensitive information. This Vendor NDA template includes provisions for data security, return or destruction of confidential information, and specific compliance requirements under Dutch law.
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1. Parties: Identification of the disclosing party (typically the company) and receiving party (the vendor), including full legal names and registered addresses
2. Background: Brief context of the business relationship and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized representatives or as required by law
7. Information Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Specific provisions addressing GDPR compliance when confidential information includes personal data
2. Audit Rights: Right to audit vendor's compliance with confidentiality obligations, used for high-risk or regulated relationships
3. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value or high-risk relationships
4. Non-Solicitation: Restrictions on soliciting employees or customers, used when there's significant interaction with company personnel
5. Specific Industry Requirements: Additional provisions required for regulated industries like financial services or healthcare
6. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, relevant when sharing market-sensitive information
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Security Requirements: Detailed technical and organizational security measures required for protecting confidential information
3. Schedule 3 - Specific Categories of Confidential Information: Detailed list of specific types of confidential information covered, updated as needed
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