The Confidentiality Agreement For Contractors is essential for businesses operating in the Netherlands that engage external contractors who may have access to sensitive information. This document is specifically designed to comply with Dutch legal requirements, including the Dutch Trade Secrets Act and GDPR/AVG, while providing robust protection for confidential business information. It should be used before granting contractors access to any sensitive company information, establishing clear obligations regarding information handling, security measures, and post-engagement confidentiality duties. The agreement includes provisions for data protection, permitted uses, security protocols, and enforcement mechanisms under Dutch law, making it suitable for both domestic and international contractor relationships where Dutch law governs.
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1. Parties: Identification of the disclosing party (company) and receiving party (contractor), including full legal names and addresses
2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Authorized Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized representatives and legal requirements
7. Data Protection and Security: Obligations regarding personal data handling and security measures in compliance with GDPR
8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
9. Duration and Termination: Term of the agreement and survival of obligations post-termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Specific provisions regarding IP ownership and rights when contractor may create or modify IP during engagement
2. Non-Competition: Restrictions on competitive activities, used when contractor has access to highly sensitive strategic information
3. International Transfer of Data: Additional provisions for cross-border data transfers when contractor operates internationally
4. Specific Security Protocols: Detailed security requirements for highly sensitive information or regulated industries
5. Audit Rights: Right to audit contractor's compliance with confidentiality obligations, used for high-risk engagements
6. Insurance Requirements: Obligations to maintain specific insurance coverage for data protection/cyber risks
7. Third Party Rights: Rights of group companies or other third parties to enforce confidentiality provisions
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Procedures: Specific security protocols and procedures for handling confidential information
4. Schedule 4 - Data Processing Requirements: Detailed GDPR-compliant data processing requirements if personal data is involved
5. Appendix A - Form of Acknowledgment: Template for authorized representatives to acknowledge confidentiality obligations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Healthcare
Financial Services
Manufacturing
Research & Development
Biotechnology
Energy
Telecommunications
Media & Entertainment
Construction
Consulting
Education
Retail
Logistics
Relevant Teams
Legal
Human Resources
Procurement
Information Security
Compliance
Risk Management
Operations
Research & Development
Information Technology
Project Management Office
Data Protection
Vendor Management
Corporate Security
Administrative Services
Talent Acquisition
Relevant Roles
HR Director
Legal Counsel
Procurement Manager
Project Manager
IT Security Manager
Compliance Officer
Operations Director
Chief Technology Officer
Research Director
Department Head
Chief Information Security Officer
Talent Acquisition Manager
Contract Administrator
Risk Manager
Information Security Officer
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