This Non-Disclosure Non-Compete Agreement is designed for use in the Netherlands when an organization needs to protect its confidential information and prevent competitive activities by current or former employees or business partners. The document is particularly relevant when employees or contractors have access to sensitive business information, trade secrets, or strategic plans. It complies with Dutch law requirements, including Article 7:653 of the Dutch Civil Code, which mandates that non-compete clauses must be in writing and include reasonable restrictions in terms of duration and scope. The agreement also incorporates provisions from the Dutch Trade Secrets Act and considers GDPR requirements for handling confidential information that may include personal data. It is commonly used during employee onboarding, business partnerships, or when engaging consultants who will have access to sensitive information.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement
3. Definitions: Definitions of key terms including Confidential Information, Trade Secrets, Competitive Activities, and Territory
4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and non-disclosure of confidential information
5. Non-Compete Provisions: Specific restrictions on competitive activities, including duration, geographic scope, and nature of prohibited activities
6. Duration and Survival: Term of the agreement and which provisions survive termination
7. Return of Confidential Information: Obligations regarding the return or destruction of confidential information
8. Compensation for Non-Compete: Fair compensation for non-compete restrictions as required by Dutch law
9. Breach and Remedies: Consequences of breach, including penalties and enforcement mechanisms
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers - used when business relationships need specific protection
2. Intellectual Property Rights: Specific provisions regarding IP ownership and rights - included when IP is a significant concern
3. Data Protection: GDPR compliance provisions - required when confidential information includes personal data
4. Assignment: Rules about transferring rights under the agreement - important for corporate transactions
5. Severability: Provisions for partial invalidity - particularly important when agreement covers multiple jurisdictions
6. Training and Development Exception: Exceptions for training received during employment - used when employer has invested significantly in employee development
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Restricted Territory: Detailed description or map of geographic areas covered by non-compete
3. Schedule 3 - Restricted Activities: Detailed list of specific activities prohibited under the non-compete
4. Schedule 4 - Compensation Schedule: Details of any compensation provided for non-compete restrictions
5. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement
6. Appendix B - Return of Information Certificate: Template certificate confirming return/destruction of confidential information
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