This Unilateral NDA is designed for use in situations where one party (the Disclosing Party) needs to share confidential information with another party (the Receiving Party) under Dutch law. The document is particularly suitable for business negotiations, potential partnerships, vendor relationships, or evaluation of business opportunities where sensitive information needs to be shared. It incorporates provisions from the Dutch Civil Code, Trade Secrets Protection Act, and relevant EU regulations, making it robust for use in the Netherlands while being compatible with broader European business operations. The agreement includes comprehensive definitions of confidential information, clear obligations for protection and non-disclosure, and specific provisions for enforcement and remedies under Dutch jurisdiction.
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1. Parties: Identification of the Disclosing Party and Receiving Party, including full legal names, registration numbers, and addresses
2. Background: Context of the disclosure relationship and purpose of the agreement
3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Representatives', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations of the Receiving Party regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which the Receiving Party may disclose information to authorized representatives or as required by law
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions
1. Data Protection: Required when confidential information includes personal data subject to GDPR/AVG
2. Intellectual Property Rights: Include when confidential information involves IP rights or when development of new IP is contemplated
3. Non-Solicitation: Optional restriction on soliciting employees or customers, if relevant to the business relationship
4. Survival: Specific provisions about which obligations survive termination, if different from standard confidentiality period
5. Assignment: Include if transfer rights need to be specifically addressed
6. Costs: Include when there are specific arrangements about who bears costs related to confidentiality measures
7. Notice Requirements: Include when specific notification procedures for breach or disclosure are required
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures required for handling confidential information
4. Schedule 4 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Agreement
Confidential Information
Disclosing Party
Receiving Party
Affiliates
Representatives
Permitted Purpose
Trade Secret
Intellectual Property Rights
Personal Data
Confidentiality Period
Effective Date
Group Company
Third Party
Authorized Recipients
Business Day
Disclosed Information
Permitted Disclosures
Security Breach
Technical Information
Commercial Information
Know-How
Professional Advisers
Confidential Information
Disclosing Party
Receiving Party
Affiliates
Representatives
Permitted Purpose
Trade Secret
Intellectual Property Rights
Personal Data
Confidentiality Period
Effective Date
Group Company
Third Party
Authorized Recipients
Business Day
Disclosed Information
Permitted Disclosures
Security Breach
Technical Information
Commercial Information
Know-How
Professional Advisers
Clauses
Confidentiality
Non-Disclosure
Permitted Use
Information Protection
Return of Information
Term and Duration
Breach and Remedies
Governing Law
Jurisdiction
Entire Agreement
Severability
Assignment
Third Party Rights
Data Protection
Force Majeure
Notice Requirements
Survival
Interpretation
Variation
Waiver
Counterparts
Costs
Security Measures
Permitted Disclosures
Non-Disclosure
Permitted Use
Information Protection
Return of Information
Term and Duration
Breach and Remedies
Governing Law
Jurisdiction
Entire Agreement
Severability
Assignment
Third Party Rights
Data Protection
Force Majeure
Notice Requirements
Survival
Interpretation
Variation
Waiver
Counterparts
Costs
Security Measures
Permitted Disclosures
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Research & Development
Biotechnology
Real Estate
Energy
Telecommunications
Retail
Education
Construction
Media & Entertainment
Automotive
Relevant Teams
Legal
Executive Leadership
Business Development
Research & Development
Human Resources
Procurement
Finance
Operations
Sales
Information Technology
Intellectual Property
Corporate Strategy
Innovation
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Innovation Manager
Human Resources Director
Procurement Manager
Investment Manager
Chief Financial Officer
Operations Director
Sales Director
Strategic Partnership Manager
Intellectual Property Manager
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