This Non-Disclosure Contract is essential for businesses operating under Dutch jurisdiction who need to protect confidential information during business negotiations, partnerships, or other commercial relationships. The document is structured to comply with Dutch law, particularly the Civil Code (Burgerlijk Wetboek) and Trade Secrets Act (Wet bescherming bedrijfsgeheimen), while incorporating necessary GDPR considerations. It's commonly used before entering into detailed business discussions, during due diligence processes, or when sharing sensitive technical, financial, or commercial information. The agreement defines the scope of confidential information, establishes clear obligations for information handling, and provides remedies under Dutch law in case of breach.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details if companies
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Clear definitions of 'Confidential Information', 'Representatives', 'Purpose', and other key terms used in the agreement
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care and prohibited uses
6. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives or as required by law
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Remedies: Legal remedies available in case of breach, including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
11. Execution: Signature blocks and execution provisions
1. Data Protection: Required when confidential information includes personal data subject to GDPR/AVG
2. Intellectual Property Rights: Include when confidential information involves IP rights or when IP might be created during the relationship
3. Non-Solicitation: Optional restriction on soliciting employees or customers, if relevant to the business relationship
4. Security Measures: Specific technical and organizational measures required for protecting confidential information
5. Export Control: Include when confidential information may be subject to export control regulations
6. Competitive Activity: Include when parties need to address potential competitive activities
7. Force Majeure: Include when parties want to address circumstances beyond their control affecting confidentiality obligations
1. Schedule 1 - Description of Purpose: Detailed description of the permitted purpose for which confidential information may be used
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Categories of Confidential Information: Detailed list or categories of information considered confidential under the agreement
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