This Two Way Non Disclosure Agreement is essential for situations where two parties need to share confidential information while ensuring mutual protection under Dutch law. It is commonly used during business negotiations, potential partnerships, joint ventures, or any collaborative discussions where sensitive information needs to be exchanged. The document incorporates specific requirements of Dutch contract law and EU regulations, including provisions for trade secrets protection under the Dutch Trade Secrets Act (Wet bescherming bedrijfsgeheimen) and data protection under GDPR where applicable. This agreement type is particularly relevant in the Dutch business environment where international commerce and innovation-driven collaborations frequently require robust confidentiality protections.
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1. Parties: Identification and details of both parties entering into the NDA
2. Background: Context of the agreement and purpose of information sharing
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Purpose', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Information Security Measures: Required measures for protecting confidential information
8. Return or Destruction of Information: Obligations regarding confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies under Dutch law
11. General Provisions: Standard clauses including notices, amendments, severability, and entire agreement
1. Intellectual Property Rights: Section clarifying that the agreement doesn't transfer any IP rights, used when confidential information includes IP
2. Data Protection Compliance: Additional provisions when confidential information includes personal data subject to GDPR
3. Non-Solicitation: Restrictions on soliciting employees/clients, used when parties have access to sensitive relationship information
4. Residual Knowledge: Provisions regarding use of non-deliberate retained knowledge, used in professional services contexts
5. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, used when parties are competitors
6. Export Control: Provisions regarding international transfer of information, used when parties are in different jurisdictions
1. Schedule 1 - Purpose Description: Detailed description of the permitted purpose for information sharing
2. Schedule 2 - Security Protocols: Specific security measures and protocols to be followed
3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information
4. Schedule 4 - Information Categories: Detailed categorization of different types of confidential information covered
5. Schedule 5 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Research & Development
Education
Telecommunications
Biotechnology
Energy
Real Estate
Retail
Media & Entertainment
Automotive
Aerospace
Relevant Teams
Legal
Business Development
Research & Development
Executive Leadership
Procurement
Human Resources
Information Technology
Finance
Operations
Corporate Development
Intellectual Property
Commercial Operations
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Innovation Manager
Partnership Manager
Procurement Manager
Chief Financial Officer
Human Resources Director
Commercial Director
Operations Manager
Intellectual Property Manager
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