Advisory Board Confidentiality Agreement

Advisory Board Confidentiality Agreement Template for Netherlands

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Key Requirements PROMPT example:

"I need an Advisory Board Confidentiality Agreement under Dutch law for a biotech startup, where board members will have access to sensitive research data and potential patent information, with the agreement starting January 2025."

Document background

The Advisory Board Confidentiality Agreement is essential for companies operating under Dutch law that engage external experts in advisory board capacities. This document becomes necessary when organizations seek to formalize the confidentiality obligations of advisory board members who will have access to sensitive strategic, technical, or commercial information. The agreement ensures compliance with Dutch legal requirements, including the Dutch Civil Code, GDPR (as implemented in the Netherlands), and the Dutch Corporate Governance Code. It's particularly crucial for companies that share proprietary information, strategic plans, or sensitive data with their advisory board members, and need to establish clear guidelines for information handling, usage restrictions, and post-engagement confidentiality obligations.

Suggested Sections

1. Parties: Identification of the company and the advisory board member

2. Background: Context of the advisory board appointment and need for confidentiality

3. Definitions: Key terms including 'Confidential Information', 'Advisory Services', 'Term', and 'Permitted Purpose'

4. Appointment and Term: Confirmation of advisory board role and duration

5. Confidentiality Obligations: Core confidentiality duties and restrictions on use of information

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

7. Return or Destruction of Confidential Information: Obligations regarding handling of confidential information upon termination

8. Duration of Confidentiality Obligations: Survival of confidentiality obligations post-termination

9. Intellectual Property: Ownership and rights related to confidential information

10. Data Protection: GDPR compliance and personal data handling obligations

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

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Competition: Required when advisory board member may have access to highly sensitive competitive information or works with competitor companies

2. Non-Solicitation: Added when there's a risk of soliciting employees or clients

3. Insider Trading Provisions: Necessary for public companies or when dealing with market-sensitive information

4. Remuneration: Include if compensation terms are not covered in a separate agreement

5. Insurance and Indemnity: Added when advisory board role carries significant liability risks

6. Conflict of Interest: Include when advisory board member has multiple board positions or business interests

Suggested Schedules

1. Description of Advisory Services: Detailed scope of advisory board member's role and responsibilities

2. Categories of Confidential Information: Specific types of confidential information covered by the agreement

3. Approved Third Party Recipients: List of pre-approved parties who may receive confidential information

4. Data Processing Terms: Detailed GDPR-compliant data processing obligations if applicable

5. Security Protocols: Specific procedures for handling and protecting confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology and Software

Financial Services

Healthcare and Life Sciences

Manufacturing and Industrial

Professional Services

Energy and Utilities

Telecommunications

Real Estate

Consumer Goods

Media and Entertainment

Education and Research

Biotechnology

Aerospace and Defense

Relevant Teams

Legal

Compliance

Corporate Governance

Executive Office

Board Secretariat

Risk Management

Corporate Affairs

Strategy

Human Resources

Information Security

Relevant Roles

Chief Executive Officer

General Counsel

Chief Legal Officer

Corporate Secretary

Head of Compliance

Board Secretary

Chief Strategy Officer

Head of Corporate Governance

Advisory Board Member

Non-Executive Director

Chief Financial Officer

Chief Technology Officer

Chief Operations Officer

Director of Business Development

Head of Risk Management

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Authors

Alex Denne

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