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Medical Non Disclosure Agreement for the Netherlands

Medical Non Disclosure Agreement Template for Netherlands

This document is a comprehensive Medical Non-Disclosure Agreement governed by Dutch law, designed to protect confidential medical information shared between parties in the healthcare sector. It incorporates requirements from both the EU General Data Protection Regulation (GDPR) and specific Dutch healthcare legislation, including the Medical Treatment Contracts Act (WGBO) and the Dutch GDPR Implementation Act (UAVG). The agreement provides robust protection for sensitive medical data while ensuring compliance with Dutch medical privacy standards and professional confidentiality requirements.

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What is a Medical Non Disclosure Agreement?

This Medical Non-Disclosure Agreement is essential for organizations handling sensitive medical information in the Netherlands. It is specifically designed for situations where confidential medical data needs to be shared between healthcare providers, research institutions, service providers, or other relevant parties. The agreement ensures compliance with Dutch legal requirements, including the GDPR, Dutch GDPR Implementation Act (UAVG), and specific healthcare legislation such as the Medical Treatment Contracts Act (WGBO). This document is particularly relevant for medical research collaborations, healthcare service provisions, clinical trials, and any situation involving the sharing of patient data or confidential medical information. It includes comprehensive provisions for data protection, security measures, and breach notification procedures specific to the Dutch healthcare context.

What sections should be included in a Medical Non Disclosure Agreement?

1. Parties: Identification of the disclosing party (medical institution/professional) and receiving party, including registration details and addresses

2. Background: Context of the agreement, nature of medical information to be shared, and purpose of disclosure

3. Definitions: Definitions of key terms including 'Confidential Information', 'Medical Data', 'Personal Data', 'Processing', 'Security Breach', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential medical information, including patient data, research data, and derived information

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of medical information

6. Data Protection and GDPR Compliance: Specific provisions relating to GDPR and Dutch medical data protection requirements

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed (e.g., legal requirements, regulatory obligations)

8. Security Measures: Required technical and organizational security measures for protecting medical information

9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon agreement termination

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

11. Breach and Consequences: Consequences of breaching the agreement, including notification requirements for data breaches

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

What sections are optional to include in a Medical Non Disclosure Agreement?

1. Research Data Provisions: Additional provisions specifically for medical research data, used when the NDA covers research activities

2. International Transfer Provisions: Specific provisions for cross-border data transfers, required when medical data may be transferred outside the Netherlands

3. Audit Rights: Provisions allowing the disclosing party to audit the receiving party's compliance, recommended for high-sensitivity medical data

4. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk medical information

5. Sub-processor Provisions: Requirements for engaging sub-processors, needed when the receiving party may need to share data with third parties

6. Patient Consent Procedures: Specific procedures for handling patient consent, relevant when direct patient care is involved

7. Intellectual Property Rights: Provisions regarding IP rights in derived data or research findings, relevant for research contexts

What schedules should be included in a Medical Non Disclosure Agreement?

1. Schedule 1 - Security Requirements: Detailed technical and organizational security measures required for protecting the medical information

2. Schedule 2 - Approved Sub-processors: List of pre-approved sub-processors and their specific roles (if applicable)

3. Schedule 3 - Data Processing Activities: Detailed description of permitted data processing activities and purposes

4. Schedule 4 - Contact Points: List of key contacts for security incidents, audits, and general communication

5. Appendix A - Data Categories: Detailed categorization of types of medical data covered by the agreement

6. Appendix B - Standard Operating Procedures: Procedures for handling specific types of medical information and security incidents

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

Jurisdiction

Netherlands

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions









































Clauses






























Relevant Industries

Healthcare

Pharmaceuticals

Biotechnology

Medical Devices

Healthcare Technology

Clinical Research

Healthcare Insurance

Medical Laboratory Services

Healthcare Consulting

Medical Education

Digital Health

Healthcare Data Analytics

Medical Waste Management

Healthcare Compliance

Relevant Teams

Legal

Compliance

Medical Affairs

Research and Development

Data Protection

Information Security

Clinical Operations

Quality Assurance

Regulatory Affairs

Healthcare Operations

Information Technology

Risk Management

Ethics Committee

Medical Records

Privacy Office

Relevant Roles

Medical Director

Chief Medical Officer

Healthcare Privacy Officer

Data Protection Officer

Clinical Research Coordinator

Medical Research Director

Healthcare Compliance Manager

Medical Information Officer

Healthcare IT Manager

Clinical Trial Manager

Medical Records Administrator

Healthcare Operations Manager

Medical Device Specialist

Healthcare Quality Manager

Medical Ethics Officer

Healthcare Legal Counsel

Medical Software Developer

Healthcare Security 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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