This Reciprocal NDA is designed for situations where two or more parties need to share confidential information while ensuring mutual protection under Dutch law. It is commonly used during business negotiations, due diligence processes, joint ventures, or collaborative projects where sensitive information needs to be exchanged. The document incorporates requirements from Dutch contract law, the Trade Secrets Protection Act, and EU GDPR regulations, making it suitable for both domestic Dutch transactions and cross-border arrangements where Dutch law is chosen. The agreement provides comprehensive protection for various types of confidential information, including trade secrets, technical data, business strategies, and personal data, while ensuring compliance with Dutch legal standards for enforceability.
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1. Parties: Identification of the parties entering into the NDA, including full legal names, registered addresses, and registration numbers
2. Background: Context of the agreement, including the purpose of sharing confidential information and the mutual nature of the disclosure
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information for both parties
5. Obligations of Confidentiality: 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 professional advisors
7. 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. Survival of Obligations: Specification of obligations that continue after termination
11. Governing Law and Jurisdiction: Confirmation of Dutch law governance and jurisdiction for disputes
1. Data Protection: Required when confidential information includes personal data subject to GDPR/AVG
2. Intellectual Property Rights: Needed when shared information includes or relates to IP rights
3. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
4. Specific Project Requirements: When the NDA relates to a specific project or transaction
5. Competition Law Compliance: When parties are competitors or operating in the same market
6. Export Control: When confidential information may be subject to export control regulations
7. Force Majeure: When parties want to address circumstances preventing compliance
8. Assignment and Subcontracting: When transfer of rights or obligations needs to be addressed
1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for information sharing
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 to be followed
4. Schedule 4 - Categories of Confidential Information: Detailed categorization of different types of confidential information covered
5. Appendix A - Notice Requirements: Contact details and procedures for required notices under the agreement
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