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Model NDA for the Netherlands

Model NDA Template for Netherlands

This is a comprehensive Non-Disclosure Agreement (NDA) template governed by Dutch law, designed to protect confidential information exchanged between parties in the Netherlands. The document incorporates key requirements of Dutch contract law and aligns with EU regulations, including GDPR where applicable. It provides robust protection for trade secrets and proprietary information while maintaining flexibility to accommodate various business relationships and sectors. The agreement includes essential provisions for confidentiality obligations, permitted disclosures, and enforcement mechanisms under Dutch jurisdiction.

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What is a Model NDA?

This Model NDA is specifically designed for use under Dutch law and serves as a standard template for protecting confidential information in various business contexts within the Netherlands. It is particularly suitable for businesses, entrepreneurs, and organizations needing to protect sensitive information during business discussions, negotiations, or collaborative projects. The document incorporates key provisions required under Dutch law and EU regulations, including considerations for trade secrets protection and data privacy compliance. This Model NDA can be used for both mutual and one-way confidentiality obligations, making it versatile for different business relationships. It is structured to provide comprehensive protection while remaining adaptable to specific business needs, incorporating Dutch legal principles and enforcement mechanisms.

What sections should be included in a Model NDA?

1. Parties: Identification of the parties entering into the NDA, including full legal names, registration numbers, and registered addresses

2. Background: Brief context of why the NDA is being entered into and the relationship between the parties

3. Definitions: Key terms used in the agreement, particularly 'Confidential Information', 'Representatives', 'Permitted Purpose'

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

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement

7. Security Measures: Required measures for protecting confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Duration and Termination: Term of the agreement and survival of obligations

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

11. Entire Agreement: Standard entire agreement clause confirming this document represents the complete agreement between parties

What sections are optional to include in a Model NDA?

1. Data Protection: Section addressing GDPR compliance when confidential information includes personal data

2. Group Company Rights: Extension of rights to receive confidential information to group companies of the receiving party

3. Intellectual Property Rights: Clarification that the NDA doesn't transfer any IP rights

4. Non-Solicitation: Prohibition on soliciting employees or clients, if relevant to the business relationship

5. Specific Project References: Details about specific projects or transactions when the NDA relates to a particular business opportunity

6. Competition Restrictions: Any specific non-compete provisions, ensuring compliance with Dutch competition law

7. Remedies and Injunctive Relief: Specific remedies available in case of breach, including right to seek injunctive relief

What schedules should be included in a Model NDA?

1. Schedule 1 - Specified Confidential Information: Detailed list of specific documents, data, or information designated as confidential

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information

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

Technology

Manufacturing

Professional Services

Healthcare

Financial Services

Life Sciences

Research & Development

Information Technology

Telecommunications

Biotechnology

Energy

Real Estate

Consumer Goods

Industrial

Education

Consulting

Relevant Teams

Legal

Business Development

Research & Development

Executive Leadership

Human Resources

Finance

Procurement

Operations

Innovation

Commercial

Investment

Compliance

Information Technology

Strategic Partnerships

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Human Resources Director

Chief Financial Officer

Procurement Manager

Operations Manager

Innovation Manager

Commercial Director

Investment Manager

Partnership 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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