The Confidentiality Agreement Financial Information is essential when parties need to share sensitive financial data in the Netherlands, whether for due diligence, investment evaluation, credit assessment, or other business purposes. This agreement is specifically drafted under Dutch law and incorporates requirements from the Dutch Civil Code, Financial Supervision Act, and EU regulations including GDPR. It's particularly crucial when sharing financial statements, projections, valuation data, business plans, or other confidential financial information. The agreement ensures compliance with Dutch legal requirements while providing robust protection for sensitive financial data, making it suitable for both regulated financial institutions and general corporate use. It includes specific provisions for data security, regulatory compliance, and remedies available under Dutch law.
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1. Parties: Identification of the disclosing and receiving parties, including registration details and addresses
2. Background: Context of the agreement and the purpose for sharing financial information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Financial Information', 'Authorized Persons', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential financial 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 advisors and regulators
7. Data Protection and Security: Specific measures required to protect data in compliance with GDPR and Dutch law
8. Duration of Obligations: Term of the agreement and survival of confidentiality obligations
9. Return or Destruction of Information: Requirements for handling confidential information upon termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Merger and Acquisition Provisions: Additional provisions specific to M&A contexts, used when the financial information is shared for potential transaction purposes
2. Credit Assessment Provisions: Specific provisions for when financial information is shared for credit evaluation purposes
3. Insider Trading Prevention: Additional provisions when shared information could constitute inside information under MAR
4. Regulatory Compliance: Specific provisions addressing compliance with financial regulations, used when parties are regulated entities
5. Information Security Standards: Detailed IT and security requirements, used for digital financial information
6. Audit Rights: Rights to audit compliance with confidentiality obligations, used in high-sensitivity situations
7. Competition Law Compliance: Provisions ensuring compliance with competition laws, used when parties are competitors
1. Schedule 1 - Specified Financial Information: Detailed list of financial information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of individuals authorized to access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling the information
4. Schedule 4 - Data Processing Requirements: Detailed GDPR and data protection compliance requirements
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized personnel
6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Private Equity
Insurance
Professional Services
Technology
Real Estate
Healthcare
Manufacturing
Retail
Energy
Telecommunications
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Corporate Development
Mergers & Acquisitions
Financial Planning & Analysis
Data Protection
Information Security
Investment
Corporate Finance
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Investment Manager
Financial Controller
Legal Counsel
Compliance Officer
Risk Manager
Investment Banker
Financial Analyst
Corporate Treasurer
M&A Director
Due Diligence Manager
Financial Planning Manager
Business Development Director
Chief Executive Officer
Data Protection Officer
Chief Risk Officer
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