This Reciprocal Confidentiality Agreement template is designed for use when two parties need to share sensitive information while maintaining strict confidentiality during business discussions, due diligence processes, or collaborative projects. The agreement, governed by Dutch law, provides mutual protection for both parties' confidential information, including trade secrets, business strategies, technical data, and proprietary information. It incorporates requirements from Dutch legislation, including the Trade Secrets Protection Act (Wet bescherming bedrijfsgeheimen) and the Dutch Civil Code (Burgerlijk Wetboek). The document is particularly useful in preliminary business discussions, potential partnerships, joint ventures, or any situation where bilateral information sharing is necessary while maintaining confidentiality.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, describing the purpose of information sharing and the mutual nature of the confidentiality obligations
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information for both parties
5. Confidentiality Obligations: Core mutual obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Information Security Measures: Required procedures and standards for protecting confidential information
8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival of Obligations: Specification of obligations that continue after termination
11. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for dispute resolution
1. Intellectual Property Rights: Additional provisions clarifying that the agreement does not transfer any IP rights, used when confidential information includes IP-sensitive material
2. Data Protection Compliance: Specific provisions for GDPR compliance, required when confidential information includes personal data
3. Non-Solicitation: Provisions preventing parties from soliciting each other's employees, useful in business collaboration contexts
4. Competitive Activities: Clarification regarding permitted competitive activities, important when parties are in the same industry
5. Specific Security Protocols: Detailed security requirements, necessary for highly sensitive information or regulated industries
6. Assignment and Successors: Provisions regarding transfer of obligations, important for corporate groups or potential M&A scenarios
1. Description of Permitted Purpose: Detailed description of the specific business purpose for which confidential information may be used
2. Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Security Requirements: Specific technical and organizational security measures required for protecting confidential information
4. Information Categories: Categorization of different types of confidential information and their respective handling requirements
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