Graphic Design NDA for the Netherlands

Graphic Design NDA Template for Netherlands

A comprehensive non-disclosure agreement tailored for graphic design services under Dutch law. This document establishes confidentiality obligations between design professionals and their clients, protecting sensitive information such as brand assets, design concepts, and business strategies. The agreement incorporates specific provisions required by Dutch legislation, including compliance with the Dutch Civil Code and Trade Secrets Act, while addressing unique aspects of the graphic design industry such as intellectual property rights, portfolio usage, and the handling of source files.

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What is a Graphic Design NDA?

This Graphic Design NDA is essential for protecting confidential information exchanged during graphic design projects in the Netherlands. It should be used whenever a design professional or agency begins discussions about or commences work on a project involving access to sensitive client information, brand assets, or proprietary materials. The document complies with Dutch legal requirements, including the Dutch Civil Code (Burgerlijk Wetboek) and Trade Secrets Act (Wet bescherming bedrijfsgeheimen), while specifically addressing graphic design industry needs such as portfolio rights, source file handling, and creative asset protection. It's particularly important for initial client engagements, pitch presentations, and project onboarding where confidential information needs to be shared.

What sections should be included in a Graphic Design NDA?

1. Parties: Identification of the disclosing party (typically the client) and receiving party (graphic designer)

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

3. Definitions: Key terms including 'Confidential Information', 'Design Materials', 'Project', and 'Permitted Purpose'

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

5. Permitted Use: Scope of allowed use of confidential information for the design project

6. Protection Measures: Security measures required to protect confidential information

7. Intellectual Property: Ownership and rights related to design materials and confidential information

8. Return or Destruction: Requirements for handling confidential information after project completion

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

10. Breach and Remedies: Consequences of breaching the agreement and available remedies

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

What sections are optional to include in a Graphic Design NDA?

1. Third Party Disclosure: Include when the designer may need to share information with subcontractors or team members

2. Client Reference Rights: Include when discussing whether the designer can reference the client in their portfolio

3. Data Protection: Include when personal data processing is involved in the project

4. Non-Competition: Include when restricting the designer from working with competitors

5. Moral Rights: Include when dealing with jurisdictions where moral rights are significant

6. Source Files: Include when specifying handling of working/source files

What schedules should be included in a Graphic Design NDA?

1. Schedule 1 - Confidential Information: Detailed list of information considered confidential

2. Schedule 2 - Project Scope: Description of the design project and permitted purpose

3. Schedule 3 - Security Measures: Specific security protocols and requirements

4. Schedule 4 - Authorized Representatives: List of personnel authorized to access 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

Jurisdiction

Netherlands

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Advertising

Marketing

Media & Entertainment

Publishing

Technology

Retail

Fashion

Professional Services

E-commerce

Consumer Goods

Education

Financial Services

Healthcare

Hospitality

Non-profit

Relevant Teams

Legal

Creative Services

Marketing

Procurement

Business Development

Client Services

Operations

Design Studio

Brand Management

Project Management

Relevant Roles

Graphic Designer

Creative Director

Art Director

Brand Manager

Marketing Manager

Project Manager

Legal Counsel

Procurement Manager

Design Coordinator

Client Services Manager

Business Development Manager

Creative Services Manager

Production Manager

Account Executive

Operations Manager

Industries
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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