This NDA For Business Partnership template is specifically designed for use under Dutch law when companies are exploring or entering into business partnership arrangements. It should be used when parties need to share sensitive business information, trade secrets, technical data, or other confidential information in the context of a business partnership. The document incorporates key requirements from Dutch legislation, including the Civil Code (Burgerlijk Wetboek), Trade Secrets Act (Wet bescherming bedrijfsgeheimen), and GDPR (AVG), making it suitable for use in the Netherlands. It provides comprehensive protection for confidential information while facilitating necessary information sharing between potential or actual business partners. The template is particularly relevant for strategic partnerships, joint ventures, technology collaborations, and other forms of business cooperation where significant confidential information needs to be exchanged.
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1. Parties: Identification of the parties entering into the NDA, including full legal names, registration numbers, and registered addresses
2. Background: Context of the business partnership and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Authorized Representatives', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Breach and Remedies: Consequences of breach and available legal remedies including injunctive relief
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Data Protection: Specific provisions for handling personal data under GDPR/AVG - include when personal data will be shared
2. Intellectual Property Rights: Provisions clarifying IP ownership and rights - include when IP-sensitive information will be shared
3. Non-Solicitation: Restrictions on soliciting employees or customers - include when parties have direct access to such information
4. Security Requirements: Specific security measures for protecting confidential information - include for highly sensitive information
5. Competitive Restrictions: Provisions preventing competitive use of information - include when sharing market-sensitive data
6. Force Majeure: Provisions for extraordinary circumstances - include for long-term NDAs
7. Corporate Authority: Warranties regarding authority to enter agreement - include for complex corporate structures
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Data Processing Requirements: Specific requirements for processing personal data under GDPR/AVG if applicable
5. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
Relevant legal definitions
Agreement
Affiliated Companies
Authorized Purpose
Authorized Representatives
Business Partnership
Confidential Information
Disclosing Party
Receiving Party
Effective Date
Personal Data
Pre-Existing Information
Professional Advisors
Project
Representatives
Security Requirements
Trade Secrets
Permitted Purpose
Confidentiality Period
Intellectual Property Rights
Proprietary Information
Data Protection Laws
Force Majeure Event
Business Day
Permitted Disclosures
Material Breach
Partnership Purpose
Restricted Period
Sensitive Information
Third Party
Working Hours
Affiliated Companies
Authorized Purpose
Authorized Representatives
Business Partnership
Confidential Information
Disclosing Party
Receiving Party
Effective Date
Personal Data
Pre-Existing Information
Professional Advisors
Project
Representatives
Security Requirements
Trade Secrets
Permitted Purpose
Confidentiality Period
Intellectual Property Rights
Proprietary Information
Data Protection Laws
Force Majeure Event
Business Day
Permitted Disclosures
Material Breach
Partnership Purpose
Restricted Period
Sensitive Information
Third Party
Working Hours
Clauses
Parties and Definitions
Confidentiality Obligations
Permitted Use
Permitted Disclosures
Information Protection
Return of Information
Data Protection
Term and Termination
Breach and Remedies
Non-Solicitation
Intellectual Property
Security Requirements
Notice Requirements
Assignment
Severability
Governing Law
Dispute Resolution
Entire Agreement
Amendment
Force Majeure
Warranties and Representations
Indemnification
Third Party Rights
Counterparts
Costs
Confidentiality Obligations
Permitted Use
Permitted Disclosures
Information Protection
Return of Information
Data Protection
Term and Termination
Breach and Remedies
Non-Solicitation
Intellectual Property
Security Requirements
Notice Requirements
Assignment
Severability
Governing Law
Dispute Resolution
Entire Agreement
Amendment
Force Majeure
Warranties and Representations
Indemnification
Third Party Rights
Counterparts
Costs
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Retail
Energy
Telecommunications
Biotechnology
Real Estate
Transportation
Construction
Media and Entertainment
Education
Aerospace
Relevant Teams
Legal
Business Development
Executive Leadership
Compliance
Operations
Research and Development
Finance
Information Technology
Corporate Strategy
Commercial
Procurement
Innovation
Risk Management
Corporate Affairs
Intellectual Property
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Partnership Manager
Chief Technology Officer
Chief Financial Officer
Contract Manager
Compliance Officer
Corporate Secretary
Innovation Director
Strategic Alliance Manager
Head of Operations
Research and Development Director
Commercial Director
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