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Electronic Non Disclosure Agreement

Electronic Non Disclosure Agreement Template for Netherlands

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Key Requirements PROMPT example:

Electronic Non Disclosure Agreement

"I need an Electronic Non Disclosure Agreement under Dutch law for a technology startup sharing sensitive software development information with an external development agency, with strong IP protection clauses and specific provisions for source code protection."

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Document background
The Electronic Non-Disclosure Agreement serves as a crucial legal instrument for businesses and individuals operating under Dutch law who need to protect confidential information during business discussions, negotiations, or collaborative projects. This document is specifically designed for electronic execution, incorporating requirements from both Dutch national law and EU regulations, particularly the eIDAS Regulation. It provides comprehensive protection for various types of confidential information, including trade secrets, proprietary data, technical information, and business strategies, while ensuring compliance with Dutch data protection requirements. The agreement is particularly relevant in today's digital business environment where rapid, remote execution of confidentiality agreements is often necessary for business efficiency.
Suggested Sections

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

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

3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Authorized Recipients', and 'Permitted Purpose'

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

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

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

7. Security Measures: Required technical and organizational measures for protecting confidential information

8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination

9. Term and Termination: Duration of the agreement and termination provisions

10. Electronic Execution: Provisions regarding electronic signature and its validity

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

Optional Sections

1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP - used when sharing technical information or trade secrets

2. Data Protection Compliance: Specific provisions for GDPR compliance - required when confidential information includes personal data

3. Non-Solicitation: Provisions preventing poaching of employees/clients - used in business relationship contexts

4. Residual Knowledge: Provisions addressing use of retained knowledge - relevant for consulting or technical relationships

5. Force Majeure: Provisions for extraordinary circumstances - relevant for long-term NDAs

6. Insurance Requirements: Provisions requiring specific insurance coverage - used for high-value or high-risk information

7. Audit Rights: Rights to audit compliance - relevant for regulated industries or highly sensitive information

Suggested Schedules

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

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information

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

4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by authorized recipients

5. Appendix B - Data Processing Terms: Additional terms for GDPR compliance when personal data is involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Healthcare

Financial Services

Manufacturing

Professional Services

Research & Development

Biotechnology

Energy

Telecommunications

Real Estate

Legal Services

Education

Retail

Media & Entertainment

Relevant Teams

Legal

Business Development

Human Resources

Research & Development

Information Technology

Procurement

Executive Leadership

Operations

Finance

Compliance

Innovation

Commercial

Corporate Development

Information Security

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Human Resources Director

Chief Technology Officer

Research Director

Procurement Manager

Operations Manager

Chief Financial Officer

Innovation Manager

Commercial Director

Investment Manager

Compliance Officer

Industries







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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