A Real Estate Non Disclosure Agreement is essential when parties need to share sensitive information during property-related transactions in the Netherlands. This document is typically used before and during real estate negotiations, due diligence processes, or property development discussions where confidential information needs to be exchanged. The agreement ensures protection of sensitive details such as property valuations, development plans, financial data, and commercial terms under Dutch law. It is particularly relevant for commercial real estate transactions where significant confidential information needs to be shared between parties. The document complies with Dutch legal requirements, including the Civil Code (Burgerlijk Wetboek) and relevant property laws, while also addressing modern concerns such as data protection under the GDPR/AVG.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information related to the real estate transaction
3. Definitions: Key terms including 'Confidential Information', 'Property', 'Permitted Purpose', 'Representatives', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the real estate transaction
5. Confidentiality Obligations: Core obligations regarding the use, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to professional advisors and as required by law
7. Security Measures: Required measures for protecting confidential information, including digital security and physical document handling
8. Return or Destruction of Information: Requirements for handling confidential information after the purpose is fulfilled or agreement terminates
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Broker Provisions: Special provisions when real estate brokers are involved in the transaction
2. Data Protection Compliance: Specific GDPR compliance measures when personal data is involved
3. Anti-Money Laundering Compliance: Additional provisions when required by Wwft regulations
4. Competitive Information Handling: Special provisions when parties are competitors in the real estate market
5. Third Party Rights: Provisions regarding the rights of third parties when multiple stakeholders are involved
6. Property Access: Terms for physical access to the property during due diligence
7. Insider Trading Prevention: Required for listed companies or regulated real estate investments
8. Assignment and Delegation: Terms for transferring rights and obligations in complex transactions
1. Schedule 1 - Property Details: Specific details of the real estate property or properties covered by the NDA
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information
4. Schedule 4 - Disclosure Log: Template for recording all disclosures of confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template for additional parties who may need to sign confidentiality undertakings
6. Appendix B - Data Processing Requirements: Specific requirements for GDPR compliance where applicable
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Property Investment
Commercial Property Management
Residential Property Management
Property Technology
Architecture and Design
Facilities Management
Urban Planning
Property Finance
Hospitality
Retail
Industrial
Logistics
Relevant Teams
Legal
Real Estate
Investments
Acquisitions
Asset Management
Property Management
Development
Finance
Compliance
Risk Management
Operations
Due Diligence
Valuations
Transaction Advisory
Portfolio Management
Relevant Roles
Real Estate Director
Property Manager
Investment Manager
Development Director
Acquisitions Manager
Real Estate Broker
Property Valuer
Asset Manager
Portfolio Manager
Real Estate Analyst
Legal Counsel
Compliance Officer
Finance Director
Due Diligence Manager
Real Estate Partner
Property Development Manager
Transaction Manager
Real Estate Investment Officer
Facilities Manager
Real Estate Operations Manager
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