This Non-Disclosure Non-Circumvention Agreement is essential for business relationships where parties need to protect both sensitive information and valuable business connections. It's particularly relevant in the Netherlands' dynamic business environment, where international transactions and complex business relationships are common. The document should be used when parties are entering into discussions about potential business opportunities, partnerships, or transactions where confidential information will be shared and where there's a need to prevent parties from circumventing each other in business dealings. The agreement ensures compliance with Dutch law, including the Civil Code and Trade Secrets Act, while providing robust protection for both confidential information and business relationships. It's especially valuable in situations involving business introductions, strategic partnerships, joint ventures, or when exploring potential business opportunities where protecting both information and relationships is crucial.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details if applicable
2. Background: Context of the relationship between parties and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Protected Relationships', 'Representatives', and 'Trade Secrets'
4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
5. Non-Circumvention Obligations: Prohibitions on bypassing the disclosing party in business relationships and dealings
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law
7. Security Measures: Required measures for protecting confidential information and preventing unauthorized access
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach, including injunctive relief and liquidated damages
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection: Specific provisions for handling personal data under GDPR, required when confidential information includes personal data
2. Intellectual Property Rights: Clarification of IP ownership and licenses, needed when confidential information includes IP
3. Non-Solicitation: Prevents poaching of employees/clients, included when parties have access to each other's human resources
4. Audit Rights: Right to audit compliance with the agreement, useful for high-value or high-risk relationships
5. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value transactions
6. Force Majeure: Provisions for unforeseen circumstances, optional but recommended for long-term agreements
7. Assignment and Succession: Rules for transferring rights under the agreement, important for corporate parties
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Protected Relationships: List of specific business relationships, clients, or opportunities subject to non-circumvention
3. Schedule 3 - Authorized Representatives: Named individuals or roles authorized to receive confidential information
4. Schedule 4 - Security Protocols: Specific security measures and procedures required for handling confidential information
5. Schedule 5 - Permitted Purpose: Detailed description of the specific business purpose for which confidential information may be used
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