This Unilateral Non-Disclosure Agreement is essential for businesses operating under Dutch law who need to share sensitive information with another party while maintaining control over its confidentiality. The document is particularly relevant for situations such as business negotiations, potential partnerships, vendor relationships, or consultant engagements where proprietary information needs to be disclosed. It incorporates key provisions from Dutch contract law, the Trade Secrets Protection Act, and where applicable, GDPR requirements. The agreement is structured to provide comprehensive protection while remaining enforceable under Dutch jurisdiction, making it suitable for both domestic and international business relationships where Dutch law governs the arrangement.
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1. Parties: Identification of the Disclosing Party and Receiving Party, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including the purpose for sharing confidential information
3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Representatives', and 'Permitted Purpose'
4. Confidentiality Obligations: Core obligations of the Receiving Party regarding the protection and non-disclosure of confidential information
5. Permitted Use and Disclosure: Specified circumstances under which the Receiving Party may use or disclose the confidential information
6. Security Measures: Required security measures for protecting confidential information
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and survival of obligations
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Personal Data Protection: Additional provisions when confidential information includes personal data subject to GDPR
2. Representatives and Third Parties: Detailed provisions about who can access the information and under what conditions
3. Notice of Disclosure: Procedures for mandatory disclosures required by law or regulatory authorities
4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
5. Export Control: Provisions for handling information subject to export control regulations
6. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP
1. Schedule 1 - Description of Confidential Information: Detailed description or categories of information covered by the NDA
2. Schedule 2 - Security Requirements: Specific security measures and protocols required for protecting the confidential information
3. Schedule 3 - Authorized Representatives: List of individuals or roles authorized to receive and handle the confidential information
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