This Non-Solicitation NDA is designed for use in business relationships where parties need to protect both confidential information and prevent the poaching of employees, customers, or business contacts. It is particularly relevant in situations involving business partnerships, potential transactions, or employment relationships where parties gain access to sensitive information and valuable business relationships. The document complies with Dutch law requirements, including the Dutch Civil Code (Burgerlijk Wetboek) and relevant employment legislation, ensuring that restrictions are reasonable and proportionate. The agreement includes specific provisions on the scope and duration of non-solicitation obligations, confidentiality requirements, and enforcement mechanisms, all structured to be enforceable under Dutch jurisdiction.
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1. Parties: Identification of the contracting parties, including registered addresses and company details
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, Restricted Persons, Non-Solicitation Period, and other relevant terms
4. Confidentiality Obligations: Core confidentiality provisions including scope of confidential information, protection requirements, and permitted disclosures
5. Non-Solicitation Covenants: Specific restrictions on solicitation of employees, customers, and business relations, including scope and nature of prohibited activities
6. Duration and Territory: Temporal and geographical scope of the non-solicitation obligations, ensuring compliance with Dutch reasonableness requirements
7. Exceptions and Permitted Activities: Circumstances where restrictions don't apply, including general advertising and public information
8. Return of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Breach and Remedies: Consequences of breach, including penalties (boetebeding) and enforcement mechanisms under Dutch law
10. General Provisions: Standard clauses including notices, amendments, severability, and entire agreement provisions
11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Group Company Provisions: Extended provisions covering affiliated companies and group entities, used when parties are part of larger corporate groups
2. Data Protection: Specific provisions regarding personal data handling under GDPR, used when confidential information includes personal data
3. Specific Industry Regulations: Additional provisions for regulated industries like financial services or healthcare
4. Assignment and Succession: Provisions regarding transfer of rights and obligations, used in cases where business transfers are contemplated
5. Survival Clause: Specific provisions about which obligations survive termination, used in complex commercial relationships
6. Third Party Rights: Provisions regarding rights of third parties, particularly relevant when protecting broader business networks
1. Schedule 1 - Protected Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Restricted Persons: List of key employees, customers, or business relations covered by non-solicitation provisions
3. Schedule 3 - Permitted Recipients: List of authorized persons or entities who may receive confidential information
4. Appendix A - Security Measures: Required security measures for protecting confidential information
5. Appendix B - Notice Requirements: Specific procedures for permitted disclosures or required notifications
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