This Generic Confidentiality Agreement serves as a fundamental legal instrument for protecting sensitive information in business relationships under Dutch law. It is designed for use when parties need to share confidential information during business discussions, potential collaborations, or ongoing business relationships. The agreement incorporates key requirements from Dutch legislation, including the Civil Code (Burgerlijk Wetboek) and Trade Secrets Act (Wet bescherming bedrijfsgeheimen), while ensuring compliance with EU GDPR requirements for personal data protection. It is particularly useful for both domestic Dutch business relationships and international transactions where Dutch law is chosen as the governing law. The agreement provides comprehensive protection for various types of confidential information, including trade secrets, technical know-how, business strategies, and personal data.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Affiliated Companies'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core 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 by legal requirement
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. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Personal Data Protection: Specific provisions regarding GDPR compliance when confidential information includes personal data
2. Intellectual Property Rights: Provisions clarifying IP ownership and licensing when confidential information includes IP
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Competition Restrictions: Specific provisions regarding non-competition, if relevant to the business relationship
5. Assignment and Subcontracting: Rules regarding transfer of obligations, relevant for complex corporate relationships
6. Costs: Allocation of costs related to confidentiality measures, relevant for arrangements requiring specific security measures
7. Insurance: Requirements for insurance coverage, relevant for high-value or high-risk confidential information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
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 required for handling confidential information
4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations
Relevant legal definitions
Affiliated Company
Agreement
Authorized Purpose
Authorized Recipients
Business Day
Confidential Information
Disclosing Party
Effective Date
Force Majeure
Group Company
Intellectual Property Rights
Personal Data
Permitted Purpose
Proceedings
Receiving Party
Representatives
Security Breach
Security Requirements
Subsidiary
Term
Third Party
Trade Secret
Agreement
Authorized Purpose
Authorized Recipients
Business Day
Confidential Information
Disclosing Party
Effective Date
Force Majeure
Group Company
Intellectual Property Rights
Personal Data
Permitted Purpose
Proceedings
Receiving Party
Representatives
Security Breach
Security Requirements
Subsidiary
Term
Third Party
Trade Secret
Clauses
Confidentiality Obligations
Permitted Use
Information Protection
Permitted Disclosure
Return or Destruction of Information
Data Protection
Intellectual Property
Term and Termination
Breach and Remedies
Injunctive Relief
Warranties and Representations
Notice Requirements
Assignment
Severability
Force Majeure
Governing Law
Jurisdiction
Entire Agreement
Amendment
Counterparts
Third Party Rights
Costs
Waiver
Permitted Use
Information Protection
Permitted Disclosure
Return or Destruction of Information
Data Protection
Intellectual Property
Term and Termination
Breach and Remedies
Injunctive Relief
Warranties and Representations
Notice Requirements
Assignment
Severability
Force Majeure
Governing Law
Jurisdiction
Entire Agreement
Amendment
Counterparts
Third Party Rights
Costs
Waiver
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Real Estate
Retail
Energy
Telecommunications
Research and Development
Biotechnology
Education
Construction
Media and Entertainment
Relevant Teams
Legal
Compliance
Human Resources
Business Development
Research and Development
Executive Leadership
Procurement
Information Technology
Finance
Corporate Communications
Innovation
Operations
Strategy
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Business Development Manager
Project Manager
Research Director
Human Resources Director
Chief Technology Officer
Chief Financial Officer
Procurement Manager
Legal Counsel
Contract Manager
Innovation Manager
Strategic Partnership Director
Compliance Officer
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