This Commercial NDA template is specifically designed for use in the Netherlands, providing a robust framework for protecting confidential information in business-to-business relationships. It is particularly suitable for situations where companies need to share sensitive business information during commercial negotiations, joint ventures, service agreements, or other business arrangements. The document incorporates key elements of Dutch contract law and the Dutch Trade Secrets Act, while ensuring compliance with EU regulations. This Commercial NDA includes provisions for defining confidential information, establishing security measures, outlining permitted uses, and specifying remedies in case of breach. It is adaptable to various commercial contexts while maintaining its enforceability under Dutch law.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and registered addresses
2. Background: Context of the relationship and purpose for sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Use and Disclosure: Specified purposes for which confidential information may be used and circumstances under which disclosure is permitted
7. Security Measures: Required security measures for protecting 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
1. Personal Data Protection: Additional provisions when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Specific provisions regarding IP rights when confidential information includes IP-sensitive material
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the commercial relationship
4. Competing Activities: Restrictions on competing activities during the confidentiality period, if applicable
5. Export Control: Provisions for compliance with export control laws when information may be subject to international transfer restrictions
6. Publicity: Restrictions on public announcements or use of party names
7. Representatives and Affiliates: Extended provisions when confidential information needs to be shared with group companies or representatives
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered
2. Schedule 2 - Security Protocols: Detailed technical and organizational security measures required
3. Schedule 3 - Authorized Representatives: List of authorized personnel who may access the confidential information
4. Appendix A - Data Processing Terms: Additional terms for GDPR compliance when personal data is involved
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Financial Services
Healthcare
Retail
Energy
Telecommunications
Real Estate
Construction
Automotive
Pharmaceuticals
Logistics
Consumer Goods
Media and Entertainment
Relevant Teams
Legal
Commercial
Business Development
Procurement
Executive Leadership
Research & Development
Finance
Operations
Information Technology
Innovation
Strategy
Corporate Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Commercial Director
Procurement Manager
Contract Manager
Chief Financial Officer
Operations Director
Research & Development Director
Chief Technology Officer
Business Analyst
Strategic Partnership Manager
Innovation Manager
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