The Executive Confidentiality Agreement is essential for organizations operating under Dutch law that need to protect sensitive corporate information at the highest levels of management. This document is typically used when appointing new executive-level employees or updating agreements with existing executives to ensure comprehensive protection of confidential information, trade secrets, and intellectual property. It incorporates requirements from Dutch employment law, the EU Trade Secrets Directive as implemented in Dutch law, and data protection regulations. The agreement is particularly important given the increased access to sensitive information that executives typically have and the potential impact of unauthorized disclosure on company operations and competitive position.
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1. Parties: Identification of the company and the executive, including their registered addresses and relevant registration numbers
2. Background: Context of the agreement, executive's role, and purpose of the confidentiality obligations
3. Definitions: Detailed definitions including Confidential Information, Trade Secrets, Intellectual Property, and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the executive's role
5. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and handling of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and business necessity
7. Security Measures: Specific measures required to protect confidential information
8. Return of Confidential Information: Obligations regarding return or destruction of confidential information upon termination
9. Duration of Obligations: Time period for which confidentiality obligations remain in effect
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Competition: Additional restrictions on competitive activities, recommended when executive has access to highly sensitive strategic information
2. Non-Solicitation: Restrictions on soliciting employees or customers, relevant for client-facing executives
3. Intellectual Property Rights: Additional provisions regarding IP created during employment, important for executives in technical or creative roles
4. Data Protection Obligations: Specific GDPR-related obligations, necessary when executive handles personal data
5. Post-Termination Obligations: Specific obligations continuing after employment ends, recommended for senior executives
6. Share Trading Restrictions: Insider trading provisions, necessary for executives of listed companies
7. International Transfer of Data: Provisions for handling international data transfers, needed for multinational operations
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information relevant to the executive's role
2. Schedule 2 - Approved Security Protocols: Specific security measures and protocols to be followed
3. Schedule 3 - Permitted Disclosures and Recipients: Pre-approved categories of recipients and circumstances for disclosure
4. Appendix A - Form of Confidentiality Undertaking for Third Parties: Template for confidentiality agreements with third parties who may receive information
5. Appendix B - Data Handling Procedures: Detailed procedures for handling different categories of confidential information
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