This Non Disclosure Agreement For Consultants is designed for use in the Netherlands when engaging external consultants who will have access to confidential business information. The agreement is essential when companies need to protect sensitive information while leveraging external expertise for various business purposes. It is structured to comply with Dutch law, including the Dutch Civil Code and Trade Secrets Act, as well as EU regulations such as GDPR. The document should be used before sharing any confidential information with consultants, whether they are individual contractors or representatives of consulting firms. It covers various types of confidential information including trade secrets, business strategies, technical data, and client information, while establishing clear obligations and responsibilities for the handling and protection of such information.
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1. Parties: Identification of the disclosing party (typically the company) and receiving party (the consultant), including full legal names and addresses
2. Background: Context of the agreement, nature of the consultant relationship, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and the level of protection required
5. Obligations of the Receiving Party: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and to authorized representatives
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Remedies: Consequences of breach, including injunctive relief and other available remedies
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, used when consulting work may involve creation of IP
2. Data Protection Compliance: Specific GDPR compliance provisions, required when confidential information includes personal data
3. Non-Competition: Restrictions on competitive activities, used when consultant may have access to highly sensitive strategic information
4. Non-Solicitation: Restrictions on soliciting employees or clients, used for consultants with significant client or employee contact
5. Security Protocols: Specific security measures required for handling confidential information, used for highly sensitive information or regulated industries
6. Subcontractors: Provisions regarding use of subcontractors, needed when consultant may need to involve other parties
7. Insurance Requirements: Specific insurance coverage requirements, used in high-risk or regulated industries
1. Schedule 1 - Description of Services: Detailed description of consulting services to provide context for confidentiality obligations
2. Schedule 2 - Categories of Confidential Information: Specific types of confidential information covered by the agreement
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive confidential information
4. Schedule 4 - Security Protocols: Detailed security requirements and procedures for handling confidential information
5. Schedule 5 - Data Processing Requirements: Specific requirements for handling personal data under GDPR, if applicable
Relevant legal definitions
Agreement
Affiliate
Authorized Purpose
Authorized Representative
Business Day
Company
Confidential Information
Consultant
Consulting Services
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Personal Data
Personnel
Permitted Recipients
Project
Receiving Party
Representatives
Residual Information
Services
Subsidiary
Term
Trade Secret
Working Hours
Affiliate
Authorized Purpose
Authorized Representative
Business Day
Company
Confidential Information
Consultant
Consulting Services
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Personal Data
Personnel
Permitted Recipients
Project
Receiving Party
Representatives
Residual Information
Services
Subsidiary
Term
Trade Secret
Working Hours
Clauses
Confidentiality
Non-Disclosure
Term and Duration
Permitted Use
Return of Information
Intellectual Property
Data Protection
Breach Notification
Remedies
Indemnification
Assignment
Governing Law
Jurisdiction
Severability
Survival
Force Majeure
Notice
Entire Agreement
Amendment
Waiver
Third Party Rights
Counterparts
Relationship of Parties
Non-Disclosure
Term and Duration
Permitted Use
Return of Information
Intellectual Property
Data Protection
Breach Notification
Remedies
Indemnification
Assignment
Governing Law
Jurisdiction
Severability
Survival
Force Majeure
Notice
Entire Agreement
Amendment
Waiver
Third Party Rights
Counterparts
Relationship of Parties
Relevant Industries
Technology and Software
Financial Services
Professional Services
Healthcare and Life Sciences
Manufacturing
Energy and Utilities
Telecommunications
Research and Development
Real Estate
Education
Retail and Consumer Goods
Media and Entertainment
Relevant Teams
Legal
Human Resources
Procurement
Information Security
Compliance
Risk Management
Operations
Research and Development
Information Technology
Finance
Executive Leadership
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Human Resources Director
Procurement Manager
Project Manager
Department Head
Business Unit Director
Chief Technology Officer
Chief Information Officer
Information Security Officer
Compliance Officer
Risk Manager
Operations Manager
Research Director
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