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Boilerplate Non Disclosure Agreement

Boilerplate Non Disclosure Agreement Template for Netherlands

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Key Requirements PROMPT example:

Boilerplate Non Disclosure Agreement

"I need a Boilerplate Non Disclosure Agreement under Dutch law for a potential joint venture between our tech company and a manufacturing partner, with specific provisions for protecting both technical specifications and customer data, to be effective from March 2025."

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Document background
This Boilerplate Non-Disclosure Agreement is designed for use in the Netherlands when parties need to share confidential or proprietary information while ensuring legal protection under Dutch law. The document is suitable for various business contexts, from potential partnerships to employment discussions, and includes provisions compliant with Dutch civil law, the Trade Secrets Protection Act, and where applicable, GDPR requirements. It covers definition of confidential information, obligations of receiving parties, permitted disclosures, security measures, and enforcement mechanisms. This template is particularly useful for initial business discussions, due diligence processes, or any situation requiring confidential information exchange in the Dutch business context.
Suggested Sections

1. Parties: Identification and details of the disclosing and receiving parties

2. Background: Context of the agreement and purpose of sharing confidential information

3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Representatives', and 'Permitted Purpose'

4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed

6. Security Measures: Required measures to protect confidential information

7. Return or Destruction: Obligations regarding the return or destruction of confidential information

8. Duration and Survival: Term of the agreement and surviving obligations

9. Breach and Remedies: Consequences of breach and available remedies under Dutch law

10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Data Protection: Additional provisions when confidential information includes personal data under GDPR

2. Employee and Representative Obligations: Specific provisions for ensuring compliance by employees and representatives

3. Intellectual Property Rights: Clarification of IP ownership and rights when relevant to shared information

4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

5. Competing Activities: Restrictions on competing activities during the confidentiality period

6. Force Majeure: Provisions for handling confidential information in force majeure situations

7. Assignment and Succession: Rules for transferring rights and obligations under the NDA

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed description or categories of information covered by the NDA

2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information

4. Appendix A - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Retail

Energy

Telecommunications

Real Estate

Education

Research & Development

Pharmaceuticals

Media & Entertainment

Logistics

Construction

Relevant Teams

Legal

Human Resources

Business Development

Executive Leadership

Research & Development

Information Technology

Procurement

Finance

Operations

Sales

Mergers & Acquisitions

Innovation

Corporate Development

Information Security

Strategic Planning

Relevant Roles

Chief Executive Officer

Legal Counsel

Business Development Manager

Human Resources Director

Project Manager

Research Director

Chief Technology Officer

Procurement Manager

Investment Manager

Operations Director

Sales Director

Chief Financial Officer

Contract Manager

Innovation Manager

Partnership Manager

Industries
Dutch Civil Code (Burgerlijk Wetboek): The fundamental source of contract law in the Netherlands, particularly Book 6 on general contract law and Book 3 on property law, which govern contract formation, validity, and enforcement
Trade Secrets Protection Act (Wet bescherming bedrijfsgeheimen): Implementation of EU Trade Secrets Directive 2016/943, defining trade secrets and providing legal protection against unlawful acquisition, use, and disclosure
GDPR (AVG - Algemene verordening gegevensbescherming): European data protection regulation applicable when confidential information includes personal data, requiring specific provisions for data handling and protection
Dutch Civil Code Book 7 (Employment Provisions): Relevant for NDAs in employment context, particularly regarding post-employment obligations and restrictions
Competition Act (Mededingingswet): Relevant for ensuring NDA provisions do not violate competition law, particularly regarding duration and scope of confidentiality obligations
Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Governs enforcement procedures and remedies in case of breach of the NDA, including injunctive relief and damages claims
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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