Legal Templates
Perpetual Non Disclosure Agreement

Perpetual Non Disclosure Agreement for the Netherlands

Perpetual Non Disclosure Agreement Template for Netherlands

A comprehensive confidentiality agreement governed by Dutch law that establishes perpetual obligations to protect confidential information exchanged between parties. This agreement is structured in accordance with the Dutch Civil Code and incorporates provisions from the Trade Secrets Protection Act (Wet bescherming bedrijfsgeheimen). It provides robust protection for confidential information without a specified end date, while including necessary provisions for compliance with EU GDPR requirements when applicable. The agreement balances the need for indefinite protection of sensitive information with Dutch legal principles regarding reasonable duration of contractual obligations.

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What is a Perpetual Non Disclosure Agreement?

This Perpetual Non Disclosure Agreement is designed for situations requiring long-term or indefinite protection of confidential information under Dutch law. It is particularly suitable for business relationships involving ongoing collaboration, strategic partnerships, or the sharing of highly sensitive proprietary information that requires protection beyond a standard fixed-term NDA. The agreement complies with Dutch civil law requirements and the EU Trade Secrets Directive as implemented in the Netherlands, while accommodating GDPR considerations where relevant. It is commonly used in scenarios such as joint ventures, technology licensing, research partnerships, and strategic business collaborations where the confidential information's value doesn't diminish over time.

What sections should be included in a Perpetual Non Disclosure Agreement?

1. Parties: Identification and details of the disclosing and receiving parties

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information

5. Confidentiality Obligations: Core obligations regarding use and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed

7. Security Measures: Required measures for protecting confidential information

8. Return or Destruction: Obligations regarding confidential information upon request

9. Duration and Survival: Perpetual nature of obligations and survival provisions

10. Breach and Remedies: Consequences of breach and available remedies

11. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction provisions

What sections are optional to include in a Perpetual Non Disclosure Agreement?

1. Data Protection: Required when confidential information includes personal data subject to GDPR

2. Employee and Contractor Obligations: Include when receiving party needs to bind employees/contractors

3. Trade Secrets: Additional provisions when information qualifies as trade secrets under Dutch law

4. Non-Solicitation: Optional restrictions on soliciting employees/customers

5. Prior Agreements: Required when replacing or supplementing existing NDAs

6. Assignment: Include when transfer of rights needs to be restricted

7. Severability: Optional clause for preserving agreement if parts are invalid

8. Force Majeure: Include when specific circumstances might affect confidentiality obligations

What schedules should be included in a Perpetual Non Disclosure Agreement?

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information

3. Schedule 3 - Security Protocols: Specific security measures and procedures required

4. Schedule 4 - Permitted Purpose: Detailed description of authorized use of confidential information

5. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations

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

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Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Non-Disclosure Agreement

Sector

Commercial

Cost

Free to use
Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Financial Services

Manufacturing

Professional Services

Research & Development

Healthcare

Energy

Telecommunications

Software Development

Consumer Goods

Industrial Engineering

Media & Entertainment

Aerospace & Defense

Relevant Teams

Legal

Executive Leadership

Business Development

Research & Development

Commercial

Procurement

Human Resources

Finance

Information Technology

Intellectual Property

Compliance

Corporate Communications

Operations

Strategy

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Business Development Manager

Chief Technology Officer

Research Director

Innovation Manager

Commercial Director

Procurement Manager

Human Resources Director

Chief Financial Officer

Project Manager

Intellectual Property Manager

Compliance Officer

Industries
Dutch Civil Code (Burgerlijk Wetboek): Primary source of contract law in the Netherlands, particularly Book 6 on general contract law and Book 3 on legal acts. Governs formation, validity, and enforcement of contracts.
Trade Secrets Protection Act (Wet bescherming bedrijfsgeheimen): Dutch implementation of EU Trade Secrets Directive 2016/943, defining trade secrets and providing legal framework for their protection.
General Data Protection Regulation (GDPR) / Algemene verordening gegevensbescherming (AVG): Regulates personal data processing and protection, relevant when confidential information includes personal data.
Dutch Competition Act (Mededingingswet): Ensures NDAs don't contain provisions that could be considered anti-competitive or restrict trade beyond reasonable bounds.
Dutch Constitution (Grondwet) Article 7: Protects freedom of expression, which may impact the enforceability of certain confidentiality provisions.
Dutch Works Councils Act (Wet op de ondernemingsraden): Relevant when NDAs involve employees, as it may affect the scope and enforceability of confidentiality obligations in employment context.
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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