Confidentiality Agreement Financial Information

Confidentiality Agreement Financial Information Template for Netherlands

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Key Requirements PROMPT example:

"I need a Confidentiality Agreement Financial Information under Dutch law for sharing sensitive financial data during a potential merger, where our investment firm will be reviewing detailed financial records of a tech company starting March 2025, with special attention to GDPR compliance and data room access provisions."

Document background

The Confidentiality Agreement Financial Information is essential when parties need to share sensitive financial data in the Netherlands, whether for due diligence, investment evaluation, credit assessment, or other business purposes. This agreement is specifically drafted under Dutch law and incorporates requirements from the Dutch Civil Code, Financial Supervision Act, and EU regulations including GDPR. It's particularly crucial when sharing financial statements, projections, valuation data, business plans, or other confidential financial information. The agreement ensures compliance with Dutch legal requirements while providing robust protection for sensitive financial data, making it suitable for both regulated financial institutions and general corporate use. It includes specific provisions for data security, regulatory compliance, and remedies available under Dutch law.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including registration details and addresses

2. Background: Context of the agreement and the purpose for sharing financial information

3. Definitions: Definitions of key terms including 'Confidential Information', 'Financial Information', 'Authorized Persons', and 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential financial information under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to advisors and regulators

7. Data Protection and Security: Specific measures required to protect data in compliance with GDPR and Dutch law

8. Duration of Obligations: Term of the agreement and survival of confidentiality obligations

9. Return or Destruction of Information: Requirements for handling confidential information upon termination

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

Optional Sections

1. Merger and Acquisition Provisions: Additional provisions specific to M&A contexts, used when the financial information is shared for potential transaction purposes

2. Credit Assessment Provisions: Specific provisions for when financial information is shared for credit evaluation purposes

3. Insider Trading Prevention: Additional provisions when shared information could constitute inside information under MAR

4. Regulatory Compliance: Specific provisions addressing compliance with financial regulations, used when parties are regulated entities

5. Information Security Standards: Detailed IT and security requirements, used for digital financial information

6. Audit Rights: Rights to audit compliance with confidentiality obligations, used in high-sensitivity situations

7. Competition Law Compliance: Provisions ensuring compliance with competition laws, used when parties are competitors

Suggested Schedules

1. Schedule 1 - Specified Financial Information: Detailed list of financial information covered by the agreement

2. Schedule 2 - Authorized Personnel: List of individuals authorized to access the confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling the information

4. Schedule 4 - Data Processing Requirements: Detailed GDPR and data protection compliance requirements

5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized personnel

6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of 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

Financial Services

Banking

Investment Management

Private Equity

Insurance

Professional Services

Technology

Real Estate

Healthcare

Manufacturing

Retail

Energy

Telecommunications

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Corporate Development

Mergers & Acquisitions

Financial Planning & Analysis

Data Protection

Information Security

Investment

Corporate Finance

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Investment Manager

Financial Controller

Legal Counsel

Compliance Officer

Risk Manager

Investment Banker

Financial Analyst

Corporate Treasurer

M&A Director

Due Diligence Manager

Financial Planning Manager

Business Development Director

Chief Executive Officer

Data Protection Officer

Chief Risk Officer

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