This Reciprocal Non Disclosure Agreement is designed for situations where two parties need to share confidential information while ensuring mutual protection under Dutch law. The document is particularly relevant for business negotiations, joint ventures, potential partnerships, or any scenario requiring bilateral exchange of sensitive information. It incorporates specific provisions required by Dutch civil law and EU regulations, including GDPR compliance where personal data is involved. The agreement is structured to provide clear definitions of confidential information, specific obligations for both parties, and enforcement mechanisms recognizable under Dutch jurisdiction. This template is suitable for both domestic Dutch transactions and international business relationships where Dutch law is chosen as the governing law.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details
2. Background: Context of the agreement and the parties' intention to share confidential information
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 under the agreement
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 as required by law
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Termination: Term of the agreement and survival of obligations
10. Remedies: Available remedies in case of breach, including injunctive relief
11. General Provisions: Standard contractual provisions including notices, amendments, and governing law
1. Data Protection Compliance: Specific provisions regarding GDPR compliance when confidential information includes personal data
2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP-sensitive material
3. Export Control: Required when confidential information may be subject to export control regulations
4. Competition Law Compliance: Needed when parties are competitors or when information sharing could raise competition law concerns
5. Digital Security Requirements: Specific provisions for digital security measures when information is primarily shared electronically
6. Third Party Rights: Provisions regarding the rights of third parties under Dutch law when relevant
7. Insurance Requirements: Optional provisions requiring insurance coverage for potential breaches
8. Alternative Dispute Resolution: Optional mechanisms for dispute resolution before pursuing legal remedies
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Security Protocols: Detailed security requirements and procedures for handling confidential information
3. Schedule 3 - Permitted Purpose Details: Detailed description of the specific purpose(s) for which confidential information may be used
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings to be signed by representatives
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