This Financial Non-Disclosure Agreement is essential for organizations sharing sensitive financial information in the Netherlands. It is particularly relevant when parties need to exchange confidential financial data during potential transactions, partnerships, or services. The agreement is drafted in compliance with Dutch law, including the Civil Code (Burgerlijk Wetboek) and Financial Supervision Act (Wet op het financieel toezicht), while also addressing EU requirements such as GDPR and Market Abuse Regulation. It provides comprehensive protection for financial information, including trading data, investment strategies, pricing models, customer information, and other proprietary financial data. The document is designed to meet the stringent requirements of Dutch financial regulators and can be used by financial institutions, professional services firms, and other organizations handling sensitive financial information.
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1. Parties: Identification of the disclosing and receiving parties, including registration details and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Financial Information', 'Affiliate', 'Authorized Recipients', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential financial information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to advisors, regulators, or as required by law
7. Data Protection: GDPR compliance provisions and data protection obligations
8. Security Measures: Required technical and organizational measures to protect confidential information
9. Term and Survival: Duration of the agreement and surviving obligations
10. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Inside Information: Additional provisions for listed companies regarding market abuse regulations and insider trading
2. International Transfers: Provisions for cross-border transfers of confidential information, particularly relevant for international financial institutions
3. Competitive Restrictions: Non-compete and non-solicitation provisions, if relevant to the business relationship
4. Audit Rights: Rights to audit compliance with confidentiality obligations, particularly important for regulated financial institutions
5. Force Majeure: Provisions for extraordinary circumstances affecting confidentiality obligations
6. Insurance Requirements: Obligations to maintain specific insurance coverage for data breaches or confidentiality breaches
7. Third Party Rights: Rights of third parties under the agreement, particularly relevant when affiliates are involved
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of financial information covered by the agreement
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. Schedule 4 - Data Processing Requirements: Detailed GDPR-compliant data processing requirements and procedures
5. Appendix A - Contact Details: Contact information for key personnel and notices
6. Appendix B - Form of Confidentiality Undertaking: Template confidentiality undertaking for Authorized Recipients to sign
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Insurance
Investment Management
Professional Services
FinTech
Private Equity
Venture Capital
Wealth Management
Corporate Finance
Real Estate Finance
Capital Markets
Payment Services
Financial Technology
Financial Consulting
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Corporate Development
Mergers & Acquisitions
Investment Management
Financial Control
Corporate Finance
Business Development
Executive Management
Data Protection
Information Security
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Risk Manager
Investment Manager
Financial Controller
Treasury Manager
Corporate Development Manager
M&A Director
Financial Analyst
Investment Banker
Fund Manager
Portfolio Manager
Chief Investment Officer
Head of Finance
Financial Services Director
Banking Executive
Private Equity Manager
Venture Capital Manager
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