This NDA Non Solicitation agreement is designed for use in business relationships under Dutch law where parties need to share confidential information while ensuring protection against the solicitation of employees, customers, or suppliers. It is particularly relevant for scenarios such as business negotiations, potential partnerships, or service arrangements where sensitive information needs to be disclosed and the risk of employee or client poaching exists. The document complies with Dutch legal requirements, including the Civil Code (Burgerlijk Wetboek) and Trade Secrets Protection Act, while incorporating specific provisions for both confidentiality and non-solicitation obligations. It includes detailed definitions of protected information and restricted activities, enforcement mechanisms, and appropriate remedies under Dutch law. This agreement is suitable for both domestic Dutch business relationships and international arrangements where Dutch law is chosen as the governing law.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and 'Restricted Persons'
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information
5. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or suppliers of the other party
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to professional advisors and as required by law
7. Duration and Survival: Term of the agreement and provisions that survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Remedies: Available remedies in case of breach, including injunctive relief and damages
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Data Protection: Specific provisions for handling personal data under GDPR, used when confidential information includes personal data
2. Intellectual Property: Provisions clarifying IP ownership and rights, used when confidential information includes IP-sensitive material
3. Non-Competition: Additional restrictions on competitive activities, used when broader protection beyond non-solicitation is required
4. Assignment and Succession: Provisions regarding transfer of rights and obligations, used for larger corporate entities or when transfers are anticipated
5. Publicity and Announcements: Restrictions on public statements about the relationship, used for high-profile or sensitive business relationships
6. Force Majeure: Provisions for unforeseen circumstances affecting compliance, used in longer-term or complex relationships
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Restricted Persons/Entities: List of specific individuals or entities covered by non-solicitation provisions
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Appendix A - Security Protocols: Specific procedures for handling and protecting confidential information
5. Appendix B - Notice Requirements: Detailed procedures for providing notices under the agreement
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Restricted Persons
Restricted Business
Group Company
Trade Secrets
Affiliate
Business Day
Confidential Materials
Customer
Effective Date
Employee
Key Personnel
Notice
Permitted Disclosures
Professional Advisors
Restricted Period
Security Requirements
Supplier
Term
Business Relationship
Proprietary Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Restricted Persons
Restricted Business
Group Company
Trade Secrets
Affiliate
Business Day
Confidential Materials
Customer
Effective Date
Employee
Key Personnel
Notice
Permitted Disclosures
Professional Advisors
Restricted Period
Security Requirements
Supplier
Term
Business Relationship
Proprietary Information
Clauses
Relevant Industries
Technology
Professional Services
Manufacturing
Healthcare
Financial Services
Telecommunications
Software Development
Biotechnology
Consulting
Research and Development
Retail
Energy
Real Estate
Engineering
Media and Entertainment
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Procurement
Sales
Research and Development
Information Technology
Operations
Finance
Corporate Development
Compliance
Innovation
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
HR Director
Business Development Manager
Chief Technology Officer
Project Manager
Procurement Manager
Legal Counsel
Contract Manager
Chief Financial Officer
Operations Director
Sales Director
Research Director
Innovation Manager
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